Anderson et al. v. Manitoba et al.

The plaintiffs sought and obtained leave to appeal on the questions of whether the certification judge applied the correct legal test to the question of a standard-issue concerning nuisance and, if not, whether that error affected his decision on the question of preferability. The plaintiffs succeeded in the appeal concerning both issues.

The Court of Appeal held that a class proceeding would be the preferable procedure for the fair and efficient resolution of the common issues. Therefore, the Court of Appeal allowed the appeal and ordered that the issues relating to nuisance, negligence, and breach of treaty rights be certified as a class proceeding. There was no order as to costs.