Understanding Class Actions: Improving Access to Justice
A class action is defined by the Code of Civil Procedure as “a procedural means enabling a person who is a member of a class of persons to sue, without a mandate, on behalf of all the members of the class and to represent the class”¹. Class actions play a critical role in improving access to justice, particularly when individual claims would be too costly or complex to pursue on their own. By consolidating these claims into a single judicial process, the class action helps reduce litigation costs, ensures judicial economy, and addresses the imbalance that may exist when numerous individuals face off against a powerful defendant such as a large corporation or government entity.
Criteria for Authorization of a Class Action
Before a class action can proceed on the merits, the court must authorize it. Authorization is not a trial on the facts, but rather a preliminary procedural step to determine whether the case meets certain legal thresholds. The Code of Civil Procedure sets out four key conditions that must be satisfied for a class action to be authorized:
- the claims of the members of the class raise identical, similar or related issues of law or fact;
- the facts alleged appear to justify the conclusions sought;
- the composition of the class makes it difficult or impracticable to apply the rules for mandates to take part in judicial proceedings on behalf of others or for consolidation of proceedings; and
- the class member appointed as representative plaintiff is in a position to properly represent the class members².
The Legal Process After Authorization
Once the class action has been authorized, the Court will establish the group of authorized plaintiffs as well as the group’s representative plaintiff. The Court will also set the timeframe within which members of the group will be allowed to ask to be excluded from the class action and, therefore, not be bound by the judgment—regardless of the outcome of the case. Conversely, if a member of the group does not ask to be excluded within the applicable timeframe, he or she will be bound by the conclusions of the judgment rendered by the Court.
The plaintiffs must complete the preparation of the file, including gathering evidence, filing procedural documents, and possibly engaging in settlement discussions. If no settlement is reached, the Court will proceed to a hearing and issue a judgment.
Should the Court conclude in favor of the class, it may order compensation, damages, or other appropriate remedies for the benefit of class members. In some cases, the judgment may also impose injunctive relief or other non-monetary remedies, depending on the nature of the wrong alleged.
The Class Action Assistance Fund
One of the perceived barriers to launching a class action is the financial cost associated with litigation, which may include legal fees, expert opinions, court fees, and administrative expenses. To address this, Québec has created the Class Action Assistance Fund, which provides financial support to plaintiffs seeking to initiate or continue a class action. This fund can cover a range of expenses and is a key element in democratizing class actions.
How Bernier Fournier Can Help
The lawyers at Bernier Fournier are tooled to advise you and accompany you through each stage of a class action, from the authorization to the judicial proceeding itself or, as applicable, when the time comes to compensate the plaintiffs. We can also facilitate access to the Class Action Assistance Fund to mitigate the financial burden of launching a class action.
The members of our firm are experienced in litigation and understand the difficulties involved in class actions. They will be able to provide you with support and advice at every step of the class action process.
¹ Code of Civil Procedure, RLRQ, c. C-25.01, s. 571.
² Id., s. 575.