Suppose you feel like you can get justice if you file a case with other litigants. When some people file a suit to fight for compensation and justice, the case is classified as a Class Action Lawsuit. Class Action lawsuits include product liability, consumer protection issues, mass personal injury, institutional abuse, and labor and employment issues.
One individual filed the class-action lawsuit on behalf of several people seeking justice. The person filing the case is called the plaintiff, acting as a representative for the class. These cases are complex and take time to get resolved. These actions involve high litigation costs.
In Canada, class actions were introduced in Ontario in 1993 after its first codification in Quebec in the 1970s. P.E.I. is the only province where class action procedures are not established.
How to file a class action?
In most cases, a law firm determines the problem and finds the person affected who is willing to act as a representative litigant. However, a person can also go to a lawyer with a complaint of harm caused by another.
The lawyer must determine the merits of the case so that a class action certificate can be obtained from the court. A lawyer will also ensure that the case is worthy enough to pursue by estimating the compensation for damages. The lawyer will also get paid through contingency fees, only meaning that they will get paid out of the reward they get from the court.
Certificate of Class Action:
To initiate a class-action lawsuit, a certificate is required to be obtained from the court, which will approve the hearing of class action, the party’s representatives in the class member’s matter, and definition. For example, if a class-action lawsuit is brought against a product manufacturing company, a class member can be the buyer of that product.
How to get into the class?
If you believe that you fall under the class member category, you don’t need to take any action. People usually think that they need to sign any form or register with the court to be considered a class member. However, class action lawsuits have an opt-out system.
If you don’t want to be part of the class action lawsuit or wish to file an individual case, then you are required to opt-out of the class action by a prescribed date under certification. If you fail to opt-out, then you are bound by the result of the lawsuit.
A person is notified about the litigation being initiated. A person must research to know if he/she is a class member. A person can check the acting representative attorney’s website to find who can be part of class action. They will assist you in opting in for the settlement party.
Any person who falls under the category of class member can claim the settlement amount by opting for the settlement. A court will specify the deadline within which a person is required to opt-in for the settlement.
About Juzkiw Law:
The Juzkiw Law firm has the extensive legal knowledge and the right business acumen. We help our clients navigate the tricky territory of Canadian Law while focusing on managing their strategic needs and bringing them the desired results.
If you need any assistance in filing a class action lawsuit or want to be part of a settlement, please contact us immediately at 416-221-2221 to ensure your rights are fully protected. We understand the hardships you are going through and will work hard to obtain the best possible settlement.
Disclaimer: This article is just for educational or informational purposes and does not represent any legal advice. The legal advice may vary in a particular case.