Class action lawsuits in Canada are a process where a group of class members can file a case on behalf of a particular group. If something is wrong with the opposite group then they have the right to claim action. The judicial system in Canada works for the welfare of the citizens and includes the Federal Court, Territorial Courts and Provincial Courts.
When someone disregards the rules of law established by the government to do business in Canada then everyone has the right to claim any action against them and you can file a case against them. In this episode, today we will know what is a class action lawsuit in Canada and how to start a class action lawsuit in Canada. If you want to know how then read the following section carefully.
Class Action Lawsuit Canada
The government has implemented certain rules and regulations to maintain law and order in the country and if any person or group tries to break the rules then you have the right to file a case against that person or group of people. Under Class Action Lawsuits Canada, a person can file a case against multiple people and you can become a contributor to a defendant.
Class action lawsuits are a well-established form of litigation in Canada and pose significant business risks to Canadians and other foreign companies doing business in Canada. It provides a safe environment for them where all the action will be taken in the Supreme Court.
CRA Canada Class Action Lawsuit
Described here are the two primary class action lawsuits in Canada, a common law approach where the action must be certified and a representative will be appointed to the case and the lawsuit will proceed to set forth affidavits before a final judgment. Evidence, expert reports, and written evidence are marshalled and captured before a final hearing.
The second is the Quebec civil law process which consists of a four-part trial decision where many things are considered and a final decision will be taken by the court. You can learn all the steps of this process from the section below and also know how to start a class action lawsuit in Canada.
What is a Class Action Lawsuit in Canada?
If you find something wrong has happened to you or your group, you can sue the same defendant or group of defendants to claim the same type of damages. A class action lawsuit is defined as a civil action where one or a few suers may sue the same defendant or multiple defendants on behalf of a larger group of people who claim damages from the same defendant. It also provides that any person can file a case against the defendants, acting as a representative of a group, rather than filing a case against the defendants individually.
The relevant government will then take a final decision on the class action lawsuit in Canada. The application will reach the Supreme Court whenever other courts are unable to complete the case. After that, the case will be studied in depth and all the details will be gathered, suspicion will be raised and then the case will be initiated within a reasonable period. During the hearing, the group that filed the case will share its questions before the SC judge and the case will be finalized with an appropriate outcome.
How to Start a Class Action Lawsuit in Canada?
It is a legal process that any citizen can pursue to recover or compensate for any damage. A suit is filed by any plaintiff who can act as a representative for more than one plaintiff. A class action can be for one two or more defendants. When there are multiple defendants they can choose their representative defendant and this is important to start a class action lawsuit in Canada. There are several stages where you can demonstrate a class action in Canada. You should know below for details.
1. Certification: The first thing is certification where anyone filing a class action lawsuit in Canada is required to provide all the documents, evidence and other information related to the case. The documents will then be verified by the appointed judge. The whole process will go through filling out a Motion for Certification which will include all the documents and information provided by the plaintiff against the defendant. If there is more than one plaintiff who has submitted the documents then the court will match all the plaintiffs among them and if they are interested in the case then a hearing will be held for further outcome.
2. Opting Out or Opting In: A process where a large number of plaintiffs present their common interest in the case to claim against the defendant. When the person wants to opt out of the case it means that they have not participated in the case and are not interested in whatever compensation is awarded to the plaintiff. Opting out and joining is a common process in legal proceedings and it occurs in the certification process where the court sets a time limit for the plaintiff party to opt out or join. If you are participating in this litigation in person, you will also be notified by the Court by a means of publication.
3. Representative Plaintiff: Before a class action lawsuit can proceed in Canada, a representative is also appointed who represents the class member fairly and does not have a conflict of interest with the claims of other members. The representative is also responsible for planning and is tasked with determining how to further advance the class action. The plan made by the representative should include a way to update the class members on the matter.
How Many People Do You Need for a Class Action Lawsuit in Canada?
There is no specific number of people defined for a class action lawsuit in Canada. But if there is more than one plaintiff then they have to select one representative from among the multiple plaintiffs and the case depends on a single person. This means that all plaintiffs in a class action must have a common legal issue against the defendant.
Simply, if there are more litigants then their interest in the case should be equal and the issues given should also be the same for all. So a class action lawsuit doesn’t need to have a specific number of plaintiffs, but they do need one legal representative for the entire action.