Canada (Attorney General) v Roberts

Decided: 2026-10-02. Docket: CA50796. Citation: 2026 BCCA 397 (CanLII). Procedure — Class proceedings — Certification appeal — Class Proceedings Act, RSBC 1996, c 50 — Appeal from order certifying a class proceeding — Certification not an adjudication on the merits — Focus on conditions of confinement during medical isolation — Common issues trial identified as forum for justification arguments — Appeal dismissed | Procedure — Class proceedings — Common issues — Class Proceedings Act, s. 4(1)(c) — Whether certification judge erred in commonality analysis — “Some basis in fact” threshold applied, Pro-Sys Consultants Ltd. v Microsoft Corporation — Commonality of experience under “blanket imposition of separate confinement” accepted — Individual issues deferred to later stage — Appeal dismiss