Class actions are civil cases (or civil actions) for the recovery of damages or for compensation filed by numerous plaintiffs. These may also be filed by certain class members which call out for other individuals across a certain province (or even across Canada) to join the class action lawsuit.
Once the class members have been identified through the “opt in” or “opt out” legal process governed by the provincial laws on joining a class action, the court will certify it as a class action or a class proceeding.
The court will also identify the “representative plaintiff” who will be class members’ representative.
A class action may also be filed against 1, 2 or more defendants. When there are many defendants, they may also have a “representative defendant”.
How to join a class action lawsuit in Canada: relevant laws
The procedure of joining a class action in Canada is governed by common law among the provinces and their respective provincial laws on class actions. The exception is Québec, which is governed by its Civil Code. If you’re in Montréal and wish to get advice on class action lawsuits, you will need to contact a class action lawyer based in Québec.
Here’s an example of a class action lawsuit in Québec:
All provinces except for Prince Edward Island have separate laws on class action or class proceedings. The court procedure in a class action in these provinces is almost similar to each other.
Some examples of these class action legislations are:
- Ontario: Class Proceedings Act, 1992
- British Columbia: Class Proceedings Act
- Alberta: Class Proceedings Act
- Manitoba: The Class Proceedings Act
- Saskatchewan: The Class Actions Act
- Newfoundland and Labrador: Class Actions Act
- New Brunswick: Class Proceedings Act
How can I join a class action lawsuit in Canada?
In joining a class action, it may depend on whether your province has the “opt in” or “opt out” legal process. This is usually done during the certification process, which is before the trial starts.
Certification
Before a class action or proceeding may start, the court will first have to certify the case by looking at various considerations, such as:
- that the plaintiffs, as a class, have a valid cause of action or claim against the defendant or group of defendants;
- that the claims of the plaintiffs and the defenses of the defendant/s raise a common issue; and
- that a class action or class proceeding is the best way to rule on the claims of the plaintiffs as a class.
Representative
The court will also identify the representative plaintiff or representative defendant during the certification stage of a class action. These representatives may be composed of one or more individuals who are tasked with planning how the case will advance on behalf of all class members.
An individual or group of individuals cannot be the representative plaintiff or the representative defendant if the court thinks that they cannot fairly represent the interests of the whole class. They also cannot act as representatives if there is a conflict of interest with the other class members.
How to join a class action lawsuit in Canada: Opt in or opt out
Most provinces in Canada such as Ontario follow the “opt out” system. Under this system, members of class as plaintiffs are automatically part of the lawsuit, and those who do not want to join the class action lawsuit will have to follow the process of opting out.
Some individuals who opt out usually prefer filing a separate lawsuit from the class action.
Learn the difference between class action vs. individual lawsuit here.
Other provinces, such as Newfoundland and Labrador and New Brunswick, follow the “opt in” system, where individuals within the same class must opt in to join the class action lawsuit. Here, it is assumed that individuals have waived their right in joining class action if they have not opted in.
When opting in or out of a class action lawsuit, you may consult with a lawyer in your locality. If you’re based in Toronto, for example, talk to a Lexpert top-ranked class action lawyer in Ontario.
Notification
The process of joining or not joining a class action lawsuit is typically provided in the certification order or in the notice of certification released by the court or the representative plaintiff. The deadline for opting in or out will also be stated in the notification.
Although this may depend on a province’s law on class proceedings, there are common ways of being notified regarding a class action, such as:
- personal notification through mail or e-mail;
- notification through a group within the class;
- by publication;
- by advertising; or
- by other means as ordered by the court
How many people can join a class action lawsuit in Canada?
The number of people required to join a class action in Canada is dependent on the determination of the court. There is no hard and fast rule on a specific number for a class action to proceed. That would depend on the circumstances of each case. As for the people needed to join a class action, what’s important is that they have common issues and valid claims against the defendant/s.
Who gets the most money in a class action lawsuit in Canada?
The amount that an individual would receive if they joined a class action would depend upon the court. It would take into consideration the severity of the injury, which would then dictate the amount of damages that is just and equitable for the plaintiffs.
Lawyers’ fees will also have to be approved by the court, which will determine whether such fees are fair and reasonable. One advantage in joining a class action is that the lawyers’ fees are usually handled by the law firm or the representative plaintiff on a contingency basis and will only be due if the lawsuit is won. A notice of certification may also include a solicitation of contributions for the attorney’s fees but only when approved by the court.
Read more: How long does a class action lawsuit take in Canada?
Interested in knowing more on how to join a class action lawsuit in Canada? Find out more about your rights and obligations as a class member by consulting with a Lexpert best-ranked class actions lawyer.