Class Action Lawsuit

In Quebec, a class action is a legal procedure that allows one person, called a representative, to bring an action on behalf of a group of people who have suffered similar prejudice. Enshrined in the Code of Civil Procedure, this mechanism is designed to facilitate access to justice, group together similar cases and fairly distribute the costs and compensation resulting from litigation. It is an essential tool for asserting the rights of many citizens faced with the same problem.

Read on to find out more about this instrument for defending rights.

What is a Class Action Lawsuit?

A class action lawsuit is a legal proceeding where a person, the representative, files a lawsuit on behalf of a group of people who have suffered harm from the same source. The representative is also a member of the group or class of people affected by the harm.

If you meet the conditions to be a member of the class, you may be entitled to compensation without even realizing it.

How Does a Class Action Work?

Unlike other legal proceedings, a class action must be authorized by the court in a judgment authorizing the class action before it can proceed. The authorization is necessary to ensure that the lawsuit is in the best interest of the class members and that the representative is suitable to represent the class.

Once the class action is authorized, the representative becomes the spokesperson for the class and represents their interests throughout the legal process. You do not need to do anything until a judgment has been rendered.

Class actions can take years to resolve and often involve complex litigation. However, one of the objectives of a class action is to facilitate access to justice for members of the public when it would otherwise be difficult or impossible for them to obtain it individually. By pooling resources, class members can collectively pursue their claims against large organizations or governments, increasing the value and practically of legal action.

Advantages of Class Action Lawsuits

Compared to normal court proceedings, a class action lawsuit offers several advantages:

Simple and Effective Way to Defend Your Rights

A class action lawsuit is a simple and effective way to defend your rights as a citizen. By joining forces with other individuals who have suffered harm from the same source, you can collectively pursue your claims against large organizations or governments.

Access to Justice

One of the main advantages of a class action lawsuit is that it makes justice more accessible. It eliminates various obstacles such as economic or psychological barriers, which can be a significant burden for individuals who are seeking justice. By pooling resources, class members can collectively pursue their claims without incurring significant costs.

Strength in Numbers

A class action lawsuit gives your case more weight by grouping together all the people in the same situation. This increases the chances of success and may lead to a more significant compensation payout.

Encourages Better Corporate Behavior

Class action lawsuits encourage better corporate behavior, particularly through compliance with the standards and regulations in force. Companies are more likely to take notice of potential legal action if it affects a large group of individuals.

No Upfront Costs

For you, a class action lawsuit is free of charge. You have nothing to pay to participate. Lawyers are paid directly from the amount recovered at the time of settlement or a judgment.

 

A class action lawsuit is a powerful tool that can help you and others who have suffered harm from the same source. By understanding the advantages of a class action lawsuit, you can determine if it’s the right choice for you.