You want to get a compensation from a class action lawsuit but don’t know where to start? Here are the answers to the questions that are most often asked about class actions, and that may be useful to you.
How do I become a class member in a class action?
In Quebec, each individual is automatically part of the class, if he is one of the persons covered by the class action.
For example, a class action could determine that the affected class consists of “all persons who have purchased or leased on a long-term basis a Hyundai motor vehicle in the ‘white’ or ‘pearl white’ colours”, as is the case with our Class action against Hyundai.
It is therefore not necessary to make any registration to be part of a class action.
Why register on our website?
Registration using our website will allow you to be aware of the evolution of the class action that interests you. We will be able to more easily communicate with you, exchange documents and share information about the class action. In addition, an inscription is proof in our favour that there is indeed a group whose rights have been violated.
Being registered on our website does not automatically guarantee a claim. It will be necessary to wait until all the stages of the class action are completed and approved before being able to benefit from a claim.
Why do we need to be aware of the progress of the class action?
Being well informed of the progress of the case is important, because a class action is not a remedy like any other at the procedural level. In fact, a class action consists of several stages, and can last several years.
What are the steps of a class action?
The first step is authorization. Here, it is a question of proving to the court that the remedy is well founded in law, that is to say, a remedy that is not frivolous, that has seriousness and importance. If the remedy is authorized by the court, a notice will then be sent to the members advising them that the remedy has been approved.
The second stage is merit. After the merit stage, a notice will be sent to members informing them of the steps to follow to claim the amounts.
How do you know that a class action is approved and that it is possible to claim?
You will be made aware of the steps of the class action using the notices sent to all members of the group.
What are these notices? Notices are written jointly by the plaintiff and the defendant and are approved by the court. Notices are sent to members using contact information provided to us after you registered on our site, or using information in the defendant’s possession. If you provided your email or phone number to the defendant, for example, when registering for a website or application, the defendant will use it to send you the notice. As you had already consented to provide this data, the permission of the members is not required.
For members who are not identifiable, the notice will be published in the press, on our website, or on networks such as Facebook.
The first notice is the one informing the members that the appeal is approved by the court. This means that the first step has passed and we are moving on to the next procedural step. Upon receipt of this notice, members who wish to do so may unsubscribe from the group in accordance with the instructions in the notice, within the time limits provided.
Why exclude yourself from the group? If you wish to bring an individual action against a company, especially because your personal recourse would be more advantageous, you must unsubscribe from the group because it is not possible to have a double compensation, either in class action and in individual action at the same time.
The second notice explains how to claim your amounts.
What happens when a class action is settled?
The same principles apply if a class action is the subject of a settlement. A settlement is an agreement by which both parties have agreed to the amount that will be given as compensation and the class action therefore ends without a trial. A first notice will be sent informing members that there will be a settlement approval hearing and this notice will provide the time and instructions for excluding themselves from the class. Then, when the settlement is approved by the court, a second notice will be sent to inform members that the settlement has been approved and what steps must be taken to claim the amount.
What happens if a class action is lost?
In this case, no notice will be sent to members advising them of the failure of the action.
How much can I receive as compensation?
In fact, the amounts depend on the class action and can vary from one cause to another. It is therefore impossible to predict an exact amount.
When is it possible to receive compensation?
Timelines may vary, and it must be taken into account that a class action takes a long time because of its many procedural steps. This information will therefore either be included in a notice that we will send you, or will be accessible on our website or in the media. There may also be a deadline for making your claim.
Can I continue individually?
yes. To do this, you must unsubscribe from group members.
Are you my lawyer?
We become the lawyers for all class members once the appeal is authorized. Until the authorization stage is completed, and therefore there is no specific group, we are not your lawyers.
However, we encourage you to take a consultation with one of our lawyers or even contact a third party lawyer for any dispute you think you have with the company or institution.
Do you need certain documents?
We do not need documents related to your claim such as invoices or contracts.
However, we invite you to send us documents that you consider necessary for the lawsuit, and that may eventually help us build our case for the class action.
For any other questions, do not hesitate to contact us!