H o t z L a w y e r s
Class Action Info
A class action is a lawsuit where one or more persons become what is known as "representative plaintiffs" who sue on behalf of a group of people known as the "Class members." The judge must decide whether the claims in the class action assert a claim known to law, whether the claims raise common issues of fact or law, whether a class action is the preferable procedure, and whether the proposed class representative is an adequate representative. If the judge decides these questions positively, s/he will certify the lawsuit as a class proceeding. The fee arrangement is on contingency meaning fees are only at the end of the case and only in the event of success.
The people initiating and joining the class action do not pay fees at that or during any stage, and the lawyers are only compensated at the end of the case. As the case is on a contingency basis, there are no fees to join and only at the end, if we succeed, a judge can approve fees from the settlement.
The class representatives, known as "representative plaintiffs," in a class action may commence a proceeding in the court on behalf of the members of the class. The motion for certification is made to a judge of the court for an order certifying the proceeding as a class proceeding and appointing the individuals as "representative plaintiffs."
CLASS ACTION CERTIFICATION
The Class Proceedings Act in Ontario sets out the procedural steps. That is to say, in regard to certification of a class proceeding, the court shall certify a class proceeding on a motion if:
(a) the pleadings or the notice of application discloses a cause of action;(b) there is an identifiable class of two or more persons that would be represented by the representative plaintiff or defendant;(c) the claims or defences of the class members raise common issues;(d) a class proceeding would be the preferable procedure for the resolution of the common issues; and(e) there is a representative plaintiff or defendant who, (i) would fairly and adequately represent the interests of the class, (ii) has produced a plan for the proceeding that sets out a workable method of advancing the proceeding on behalf of the class and of notifying class members of the proceeding, and (iii) does not have, on the common issues for the class, an interest in conflict with the interests of other class members.Moreover, certain matters do not constitute a bar to certification. The court shall not refuse to certify a proceeding as a class proceeding solely on any of the following grounds:
1. The relief claimed includes a claim for damages that would require individual assessment after determination of the common issues.2. The relief claimed relates to separate contracts involving different class members.3. Different remedies are sought for different class members.4. The number of class members or the identity of each class member is not known.5. The class includes a subclass whose members have claims or defences that raise common issues not shared by all class members.In other words, the following species of arguments by defendants do not constitute a bar to the action:
even if the facts are not identical for every person in the groupeven if there are separate remedies requested or separate contractseven if the identity of each member of the group is not knowneven if there are some separate common issuesPlease contact us for additional information or if you have a suggestion for a case.