Frequently Asked Questions
A class action is brought by one or more people called “representative plaintiffs.” The representative plaintiff starts the lawsuit on behalf of a larger group of people who have similar claims, known as the “class” or “class members.”
Certification is the court process that determines whether a lawsuit can proceed as a class action. At certification, the court does not decide whether the claim is successful. The court decides whether the case is appropriate to move forward on behalf of a group of people with common issues.
You do not need to do anything to become a class member. If you fall within the class definition approved by the court, you are automatically included unless you choose to opt out. If there are steps you need to take, class counsel will provide notice and instructions.
Class members do not have active responsibilities while the case is ongoing. You may be asked to keep your contact information up to date, review notices from class counsel, and submit information or documents if there is a settlement or claims process.
If the class action is certified, a notice will be published explaining how class members can opt out. Opting out means you will not be included in the lawsuit, will not be bound by the result, and will not be eligible for any compensation from the class action.
Class actions allow many people with similar claims to pursue justice together. Class actions can make the legal process more efficient, reduce the cost and burden on individual class members, and improve access to justice where individual lawsuits may be too expensive or difficult to bring on their own.
Yes. Many class actions are resolved through settlement before trial. Any settlement of a certified class action must usually be approved by the court to ensure it is fair, reasonable, and in the best interests of the class members.
Class action lawsuits are usually brought on a contingency fee basis. This means that the lawyers will only be paid if the action is successful at trial or results in a settlement in favour of the plaintiffs. Legal fees would then be paid out of the settlement or judgment proceeds and must be approved by the court.
Disbursement costs (i.e. out-of-pocket expenses) are typically covered by class counsel.
Contact Rochon Genova
Call Rochon Genova at 416-363-1867 or send us an email to set up a free consultation.
