The appellants argued the certification judge erred in determining a class action would be the preferable procedure in light of the number of individual issues that remain outstanding. The Court found it is not unusual to have a class action where liability turns on a determination of the common issues, but where individual damages may require an individual assessment. This does not mean that a class action is not the preferred procedure to resolve the claim. Many of the issues pointed to by the proposed appellants as “individual” issues amount to nothing more than what would be necessary for an individual to establish they are a member of the proposed class. Jastek v Holmes.