Toronto Class Action Lawyers

Toronto Class Actions Lawyer – Canada Class Actions Lawyers

Our class actions lawyers are always open to exploring potential class actions across Canada.

Many of our cases begin with individuals bringing an issue to our attention. If you believe there is a matter that warrants a class action, please contact us at call us at 416-847-1859 and info@bobilawalkerlaw.com

We handle complex and challenging class actions across all industries, seeing them through to resolution. Representing both consumers and businesses, we advocate for large groups that have been harmed by corporations or the government. Our firm also handles whistleblower protections matters.

WHAT IS A CLASS ACTION LAWSUIT?

A class action is a type of civil lawsuit in which one or a few plaintiffs file a claim against a defendant—or multiple defendants—on behalf of a larger group of individuals who have suffered similar losses. Rather than initiating separate lawsuits or naming each individual as a plaintiff, a representative plaintiff advances the claim on behalf of the entire class.

A class action can be initiated in any common law province and may represent class members within that province or across multiple regions in Canada. As a result, it is common for separate class actions to be filed in different jurisdictions against the same defendant for identical claims. Unlike the United States, Canada does not have a “multidistrict litigation” system to consolidate these cases, meaning class actions can proceed simultaneously in multiple jurisdictions without necessarily being merged. This distinction is particularly significant when a class action is underway in Québec, which follows a civil law system rather than the common law system used in the rest of Canada, leading to different legal and procedural considerations.

Class Proceedings in Common Law Canada

In Ontario and other common law provinces—except Prince Edward Island, which does not have class proceedings legislation—a lawsuit must be certified as a class action before it can proceed. This requires the court to appoint a representative plaintiff and certify common issues or questions of fact or law to be determined at trial. Certification is granted through a motion for certification, which involves extensive preparation, including affidavit evidence, expert reports, and written submissions. The process can take over a year before the motion is heard in court. While witnesses providing affidavit evidence are subject to cross-examination, unlike in the United States, there is typically no documentary or oral discovery of the parties before the certification hearing.

CERTIFICATION OF A CLASS ACTION LAWSUIT

Certification does not determine the merits of the case. Rather, it is a procedural matter aimed at screening cases that are not appropriate to be dealt with as a class proceeding. Judges hearing certification motions rarely consider the merits of the lawsuit. They focus on whether the representative plaintiff and the proposed class action meet the elements of the prescribed test: whether the claim:

(i) discloses a cause of action;

(ii) contains an identifiable class;

(iii) proposes issues common to the class;

(iv) is the preferable procedure for resolving the complaint; and

(v) has an appropriate representative plaintiff.

The representative plaintiff must show it is not plain and obvious that no claim exists and there is “some basis in fact” to meet the remaining elements of the test. This is usually done through affidavit evidence. However, where there is a conflict in either the factual or expert evidence, the court hearing the certification motion does not resolve that conflict; that is a task for the judge presiding over the trial.

As a result of this approach, the test for granting certification is a relatively easy one for plaintiffs to meet. Canadian courts, including the Supreme Court of Canada, have taken a very permissive view of class actions and view them as an important component of enabling the public to obtain access to justice economically. It has therefore become increasingly difficult to successfully oppose class certification in Ontario (or other common-law provinces).

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