What is a Class Action?

Class actions play a vital role in driving change and protecting collective rights. Learn all about them with our Partner, Stephen Birman.

What is a Class Action?

A class action is an action that involves many people who are similarly affected by a common wrong. An example may be a medication with a side effect that wasn’t disclosed and impacted many people. Maybe an accident, like a bus, train, or plane accident, has impacted many people. It’s any circumstance where a common action has similarly wronged many people.

What happens when someone wants to begin a Class Action?

The first thing we do is investigate the issue and the complaint. We try to assess whether it’s something that has happened to a lot of other people, such that it may warrant a class action. Then, we need to consider the legal merits of the case.

What is the role of the Representative Plaintiff?

One person has to start the action. That one person in a class action is a representative plaintiff who hires the law firm that brings the case and is responsible for instructing lawyers and making decisions about the progress of the case.

What is the Certification Motion?

There’s a preliminary procedural step called the certification motion whereby the court has to authorize the case to continue as a class action.

After the case is started, can others join the class?

Once a class action is commenced, anybody within the class definition is automatically included in the class. You may be part of many class actions right now that you’re not even aware of.

If you see something you think may warrant a class action investigation, give us a call, and we’ll look into it. 

Thomson Rogers LLP partner Stephen Birman has been recognized as a Certified Specialist in Civil Litigation by the Law Society of Ontario, is listed in the peer-reviewed publications – Lexpert® and ranked AV pre-eminent in Martindale-Hubbell ®. Stephen’s practice focuses on personal injury litigation and class actions. You can reach Stephen at 416-868-3137 or by email.