Here are some answers to questions that we are frequently asked:
1. What are the advantages of
a class action over a
conventional lawsuit?
Where
the sum of the claims of a large number of
plaintiffs is larger than the legal costs, a class
action has the following advantages:
- filing and legal fees are shared by all
claimants, significantly reducing the cost to each
individual;
- the members of the class have fewer obligations
with respect to legal proceedings than they would
typically have in a conventional action; and
- typically, class
actions are brought under contingency fee
agreements, which tie the legal fees incurred
to the plaintiffs’ success.
2. How is a class action
started?
Counsel commencing the action will
attempt to define the
class (group) of plaintiffs and select someone from
among the class to act as a representative
plaintiff. After plaintiffs’ counsel files a
Statement of Claim with the court registry, a
certification hearing will be
held to determine if the claim should be
certified and proceed as a class
action. Following certification, the action
will advance.
3. What is the certification
process?
The test for certification before
the court under the Class Proceedings Act
requires that:
- the pleadings disclose a cause of action;
- there is an identifiable class of two or more
persons;
- the claims of the class members raise common
issues, whether or not those common issues
predominate over issues affecting only individual
members;
- a class proceeding would be the preferable
procedure for the fair and efficient resolution of
the common issues; and
- there is an appropriate representative
plaintiff.
4. What is a representative
plaintiff?
A representative plaintiff is a class member who
represents the entire class. The representative
plaintiff participates in the
legal proceedings and works
with counsel to establish the case for the class.
5. What does counsel look for
in selecting a
representative plaintiff?
In selecting a representative plaintiff, counsel
will consider someone who:
- will fairly and
adequately represent the interests of the class;
- does not have, on the common issues, an
interest that conflicts with those of the class; and
- can advance the proceeding on behalf of the
class.
6. How long does it take to
resolve a class action?
Class actions are typically brought against
large corporations who have substantial resources to
defend against a claim. Class actions also usually
involve complex issues of law. As such, litigation
can take several years before settlement or trial.
Typically, however, class involvement, during the
common issues portion of the litigation, is minimal,
other than to receive progress reports. Following
resolution of the issues common to the class,
individual class member damage assessments conducted
under the court's supervision will involve each
class member.
CAUTION: the above constitutes general information
regarding class action proceedings. Before taking
any steps in a class action, legal advice specific
to that action should be sought.
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