SERVICES
CLASS ACTIONS
Collective legal action for shared harms and systemic accountability.
When harm isn’t isolated. When it’s repeated, systemic, or widely felt, people shouldn’t have to fight alone. Class actions give individuals the power to stand together and hold governments, corporations, and institutions accountable.
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If you believe you were harmed in a way that also affected others, you may be part of a broader group with legal rights.
What Are Class Actions?
Class actions are lawsuits brought forward on behalf of a larger group of people (called the class) who experienced similar harm. Instead of everyone filing separate individual claims, one representative plaintiff works with counsel to bring the case forward for all.
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Class actions increase access to justice — especially in cases involving institutional mistreatment, human rights violations, data/privacy breaches, unsafe conditions, defective products, or widespread government negligence.
They are also an important tool for systemic change, helping to expose harmful practices and push institutions to do better.
Class Actions in Canada
Every province and territory recognizes class actions, though the process varies. Most are filed in provincial superior courts, and must be certified (or authorized in Québec) before they can proceed. During certification, a judge considers whether:
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there is a common issue affecting the group
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a representative plaintiff is appropriate
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a class action is the best way to resolve the dispute
If certified, the lawsuit continues on behalf of everyone in the class unless they choose to opt out (in Nova Scotia, most members are automatically included unless they take steps to leave).
Why Bring a Class Action?
People choose class actions when:
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many individuals were harmed by the same conduct
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the issue involves power imbalance — often against government or large institutions
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the harm is systemic, not just personal
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individual cases would be too expensive or complex to run alone
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collective action may lead to compensation, accountability, policy change, or Charter remedies
Class actions are often handled on a contingency basis, meaning clients do not pay legal fees unless money is recovered.
How Compensation Works
If a class action settles or succeeds at trial, the court will approve how compensation is distributed. Class members are then notified and may submit claims or receive automatic benefits depending on the structure.
Sometimes remedies includes:
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financial payments
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expungement of records or file corrections
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policy or program changes
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cy-près distributions to community organizations connected to the issue
We support class members throughout that process — from joining the class to final distribution.
Steps in a Class Action
1. Filing the Claim
A proposed class action begins when a claim is filed with the Court. The claim sets out who the case is about, what happened, what legal issues are being raised, and what remedies are being sought. ​ At this stage, the case is not yet approved as a class action. It is a proposed class action.
5. Settlement or Trial
Many class actions resolve through settlement. A settlement must usually be approved by the Court before it becomes final. The Court will consider whether the settlement is fair, reasonable, and in the best interests of the class. If the case does not settle, it may proceed to trial, where the Court decides the common issues in the case.
2. Certification
Certification is one of the most important steps in a class action. At this stage, the Court decides whether the case can proceed as a class action. The Court does not decide whether the claim is proven at certification. Instead, it considers whether the case meets the legal requirements to move forward on behalf of a group, including whether there are common issues that can be addressed together and whether there is an appropriate representative plaintiff. If the case is certified, it becomes an approved class action.
6. Claims Process
If there is a successful settlement or judgment, there may be a process for class members to make claims, provide information, or receive compensation or other remedies. The exact process depends on the Court’s orders and the terms of any settlement or judgment.
3. Notice to Class
If a class action is certified, class members are usually given notice. The notice explains who is included in the class, what the case is about, what stage the case is at, and what options class members may have. In many class actions, people who fall within the class definition are automatically included unless they choose to opt out by a set deadline. The notice will explain what steps, if any, class members need to take.
4. Litigation Process
After certification, the case continues through the litigation process. This may include exchanging documents, questioning witnesses, bringing motions, preparing expert evidence, and working toward trial. Some class actions also involve appeals, which can affect the timing and direction of the case.