What is a Class Action Lawsuit?
Governed by the Class Proceedings Act, a class action lawsuit is an alternative to a traditional lawsuit where a single party brings a lawsuit for damages against a party or group of party for damages.
In a class action lawsuit, a group of plaintiffs (called a “class”) brings a single lawsuit for all of their respective claims against a defendant or group of defendants. In order for there to be a class, there must be a group of people that have a similar issue of cause of action against the defendants.
Once a class is identified, there is a representative plaintiff selected to represent the interests of all of the plaintiffs in the lawsuit. That person then files a lawsuit on behalf of the entire class.
After the lawsuit has been filed, the representative plaintiff must bring the case to court to get approval from a judge for the case to proceed. This process, called certification, is essential to the lawsuit.
Once certified, the law firm representing the class will notify the public and potential class members of the lawsuit. This is followed by a period where potential class members can opt out of the class action lawsuit if they wish to proceed with their own independent claim.
Assuming that a member of the class does not opt out, they are included in the class, and bound by any settlement agreement reached by the representative plaintiff, or by any verdict following a trial.
While a class action lawsuit can be more cumbersome than a traditional lawsuit, it does have several advantages, including:
- Cost effectiveness – it can allow plaintiffs to share the costs and evidentiary burdens of a case and allows both sides to ensure that legal costs are used efficiently.
- Increased access to justice – a claim that is smaller might not seem like it is worth pursuing, but a group of lawsuits combined can make it worth pursuing for the members of the class.
- Relatively hands off – as a member of the class, you will have relatively little involvement in the case.
If you or a family member have been injured, contact our office for a free consultation. If appropriate, we can pursue your claim as a standalone lawsuit or a class action.
Written By
The son of a grocery store clerk, Kevin grew up outside of Perth, Ontario. He credits his humble beginnings with the development of his underdog mentality, an approach he has carried into his legal career.
He attended McMaster University for two years before being granted early admission to Osgoode Hall Law School. After being called to the bar in 2008, Kevin began practising law in Hamilton before joining a leading Toronto litigation firm, representing Canada’s largest insurance companies on personal injury actions. “I didn’t find it fulfilling,” Kevin recalls. “I was helping companies save money, when what I wanted to do was help the people going up against these major corporations.” Since joining Oatley Vigmond, Kevin has used his insurance-industry experience to protect his clients and recover the compensation they deserved. He’d been at Oatley Vigmond for two months when he settled a matter for a client at a mediation. “You felt the burden of the litigation, and her injuries, lifting off her. I wanted to help even more people experience the relief of having their uncertainty lifted.’”