A class action is a legal proceeding that allows a person to act on behalf of other members of a class of which he or she is a member and to represent him or her (representative plaintiff).
As the saying “unity is strength” goes, once the action is won, all members of the class will be able to receive compensation without having taken civil action individually.
Do you want to file a class action?
If your rights have been violated and you believe that there are other victims like you, contact us immediately.
By having accessibility to justice at heart, our office mostly takes percentage mandates, especially for class actions. As a result, you do not assume any attorneys’ fees if we lose our case.
For more information, we invite you to read our legal capsules on consumer protection.
To consult the Canadian Class Action Registry, click here.
To consult the Quebec Registry of Class Actions, click here.
Application for authorization
The first step in a class action is the application for authorization to institute a class action. The application indicates the description of the facts, the nature of the action and the class that is the subject of the class action.
This application must be served on the opposing party within 30 days of its submission, with a notice to that effect. In Quebec, it is the Superior Court that has jurisdiction to give authorization to institute a class action.
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Judgment of authorization
Following authorization, the judge of the Superior Court will render a judgment in which he will specify the following elements:
- A description of the class whose members will be bound by the judgment;
- The appointment of the representative plaintiff;
- Identification of key issues;
- The conclusions sought (compensation);
The judgment will also provide for an order for the publication of a notice to the class members, so that they can join the action.
It is also in this judgment that the judge will determine the maximum date for a member to exclude himself from the group. A member may have an interest in withdrawing from the group if, for example, he or she wishes to bring an invidual lawsuit before the Court.
Conduct of the class action
Following the authorization judgment, it is time to file an application initiating proceedings, which is normally the first step in a legal proceeding in a civil suit. This request states the facts and the compensation sought.
It is important that this application is filed within the legal period of 3 months; otherwise, it will be declared null and void.
Receive compensation
If there has been a successful hearing or settlement out of court, there will be a judgment ordering the defendant to pay damages or a sum of money. The judgment will also order the distribution of an amount to each class member.
Following the judgment, there will be a notice on the Internet, newspapers, as well as on the class action register to inform the class members targeted by the class action.
Do you still have questions? Consult our FAQ on class actions.