Class action lawsuits are the way of the future. They provide judicial economy, judicial efficiency, and access to justice for all. How do they accomplish this? Class action lawsuits are brought by one individual that has been harmed, on behalf of every individual that was also affected. The goal of class action lawsuits is to take potentially hundreds, if not thousands, of cases and turn them into one case.
This is implemented to help the consumers that have been wronged and also make it easier for the court to process the lawsuit. In addition, class actions create an easier way for the average person to hold large corporations accountable for their actions. Class action lawsuits create a ‘David vs Goliath’ dynamic unseen in other avenues of law. They allow the common individuals to be able to fight against large corporations that may be harming them.
Imagine you are an individual taking a drug for a multi-billion dollar pharmaceutical company. After using the drug for a couple months you begin to incur side effects that render you unable to work. Without class actions, individuals like this would have little legal recourse. Filing this lawsuit would not be efficient, economical, or practical, and therefore, no justice would occur. However, class actions are a tool that allows the everyday person to lower the playing field and fight due to harm caused.
Anyone can file a class action lawsuit in Canada. To file, you need to have experienced some sort of loss and represent a larger class of individuals with a similar experience. The individual that brings the lawsuit to court is known as the Representative Plaintiff, while all of the other individuals involved are known as Class Members.
When a Representative Plaintiff files their claim they have to explicitly define this Class Member group. The main issue when filing a class action claim is whether or not there is a “common issue” between the Representative Plaintiff and the Class Members. At a Certification Hearing, the assigned judge will decide whether or not the individuals can proceed as a class based on this common issue. Once a class has been certified, the action may lead to a settlement.
Finding the right class action lawyer is very important due to the complex nature of litigation. If you would like to start a class action in Canada, get in touch with Slater Vecchio LLP today for a free case consultation.
Slater Vecchio LLP is a class action Vancouver based law firm. Have you been harmed? Submit your information here: https://www.slatervecchio.com/contact-us/
