CLASS ACTIONS
civil litigation
Class actions are preferred when many people have been harmed in a similar way. PATH (in partnership with Valent Legal) has launched class actions against prisons for ongoing, harsh conditions (see here link). Class actions benefit class members by reducing the burden of having to find and pay for legal representation against a well-resourced institution.
Is a Representative Plaintiff different than a class member?
In each certified class, there will be a Representative Plaintiff as well as class members. In Nova Scotia, any person who suffered the same harms as those noted in the class action is considered a member of the class. Class members have little to no role in the actual litigation of the issue but will be entitled to financial compensation if the class action succeeds. The Representative Plaintiff is a class member who works directly with the lawyers and advocates for the class's interests.
The Process
CERTIFICATION
Upon the identification of an issue that has similarly impacted a large group of people, the next step is to get the court to certify the class. Certification requires the lawyer(s) initiating the class action to argue in front of a judge that there is a valid legal action with a common issue(s) faced by a group of people, that a class action is the preferable avenue to address the common issues, and that there is a suitable Representative Plaintiff.
EXCHANGE AND EXAMINE EVIDENCE
SETTLEMENT NEGOTIATION
TRIAL
REMEDY/OUTCOME AT TRIAL
Possible Remedies
Where the judge finds in favour of the class, class claim forms will be sent to each class member. The form will indicate what steps are required for receiving financial compensation.
The judge may also make orders such as declarations or injunctions against the perpetrating party.
How PATH can help
1. Legal representation for the Representative Plaintiff for the Class
2. Legal representation for individuals who need legal assistance to obtain their compensation after a class action settlement
Potential class members may submit an intake form to indicate their interest and should notify PATH of any change in address.
LOOKING FOR OUR HELP?
Fill out our Intake Form, or reach out to our Office Manager by phone at 902 - 704 - 3628 or by email at m.macdonald@pathlegal.ca.
We will reach out to you in a timely manner.
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We will work closely with you to develop a customized payment structure that accommodates your circumstances, ensuring access to quality legal services without compromising your financial well-being.