About Class Actions

About Class Actions - What you should knowCONSUMERS’ POWER IN NUMBERS

As consumers, when we purchase products or services from companies, we have a reasonable expectation that those products and services are not defective, will not cause us harm, and that we will be treated fairly.  When these same companies fail to meet their obligations, it is your right as a consumer to hold them accountable for the financial or physical harm they cause in order to compensate victims and to discourage similar business practices from occurring in the future.

However, a lone consumer is often powerless against a giant company and, therefore, individuals' rights are sometimes disregarded by powerful corporations.   A class action lawsuit may be the only avenue to compensate victims of corporate wrongdoing.

NO COSTS TO PARTICIPATE

In class actions the burden of the costs are almost always covered by the lawyers.  In almost all cases, all legal fees are on a contingency fee basis, which means that counsel fees and disbursements are only awarded to the lawyers if the class action is successful, as a percentage of the amount awarded to the class from a judgment or a settlement.

The Fonds d'aide aux recours collectif in Quebec and the Class Proceedings Committee in Ontario may accept to advance certain funds related to the class action and to protect against a negative cost award.  This can prove useful to help the lawyers prosecute the class action on behalf of the class.

NO RISK IF UNSUCCESSFUL

If a class action fails, class members do not pay any legal fees or expenses to class counsel and, therefore, there is no risk.  On the contrary, when an individual takes legal action and it fails, that person must pay such fees, which could be significant, from their own pockets.

ACCESSIBILITY TO JUSTICE

Due to the financing by lawyers and governmental organizations and the limitation of risk, class actions grant citizens a greater access to justice.  Most individuals would not otherwi