A class action case represents a unique case where people suffer the same type of injuries or similar circumstances and would like to file a lawsuit as a group. The person who sues on behalf of a larger group of people is known as the ‘representative plaintiff’. This type of lawsuit resolves the case in a single proceeding instead of having the matter brought forward by multiple parties in different suits. The results of any Class Action are legally binding upon all class members and opposing parties.
The Certification Process
A case must be presented to the court and be certified as a class action. Before this process is complete, the lawsuit is regarded as a ‘proposed class action’. The certification process involves a hearing where the court will consider several factors including whether the issues presented are common and if this would be the preferable procedure to resolve those issues. However, the certification process is not a trial hence it doesn’t focus on whether the allegations presented are true. It’s only a procedural step.
The Opt-Out Period
After the certification period is complete, the members of the class are given an opt-out period which is basically an opportunity to opt out of the proceeding and start their individual lawsuit if they wish. Any members who opt out will not be entitled to any recoveries that result from the class action.
Settling out of court
A class action may settle out of court. In this case, the parties may agree to negotiate a settlement. Sometimes the settlement comes immediately after certification and even before the common issues are taken to trial.
Traditional lawsuit
If the parties involved in the class action fail to agree on a settlement, the matter may proceed to trial before a judge.
The claims process
Members of the class will then be required to submit their claims. This is known as the ‘claims process’. When you submit your claims to our lawyers, be rest assured that all the information will be held confidential. Your information will not be disclosed to your employer or the Canadian government unless your lawyer have received your consent to release it.
The court will exercise its broad discretion to distribute relief to all the members of the class in a fair and flexible manner. The case is still in its early stages and hence it’s too early to determine how the compensation will be distributed among all the members of the class. If you need legal advice and guidance, feel free to reach out to our team today.
Contact our legal team by calling 902-425-7330 or 1-800-465-8794 or by completing the contact form on this page.
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