Class Action Claims


  • What do you think the advantages of a class-action are?
  • What are the challenges involved?
  • Please consider these questions before making your choice


Drawbacks In A Class Action

  • Out of the four climate change charter challenges initiated in Canada thus far, all but one of them has opted not to proceed by class action
  • Some advantages of not initiating a class-action may include;
    • A more streamlined process, as there will be no need to have class-action suit authorized by the court
    • Have the ability to tailor your claim to the specific damages of the plaintiffs involved
  • Some challenges associated with not initiating a class-action might include;
    • Litigation is very expensive and class-action suits help spread the costs of such an action across many plaintiffs. Without a class-action it may be difficult to pay the costs of the lawsuit
    • There is a possibility of initiating many different but legally similar suits in numerous jurisdictions which may result in a discrepancy in the law

Benefits of A Class Action

  • Class-Action lawsuits are usually initiated when you have many applicants with similar claims that deal with similar facts or questions of law
    • Some of the benefits of initiating a class-action include;
    • Lower costs to litigate – costs are spread across many plaintiffs
    • greater opportunity to litigate –especially if each individual claim is not for that much money,
    • in some cases there is a higher likelihood of financial recovery
    • Greater efficiency – will take less time than many similar claims tried at different times
  • However, not every form of litigation is appropriate for class-actions
    • Class-actions must be certified by the court – judge determines if class-action is the best option to manage the multiple claims. Depending on the relief sought the judge might decline to certify (see Youth Environment c.   Attorney General of Canada, 2019 QCCS)
    • It can also take a long time to get certified which might delay the progress of the case

Issues In A Class Action

  • Courts may decline to authorize class actions or dismiss your case if you fail to properly define the members of the class action or seek relief that is not conducive to forming a class action
  • This was the case in Youth Environment c. Attorney General of Canada, 2019 QCCS 2885
  • The court also pointed out the seemingly arbitrariness of defining the parameters of their class action to Quebec residents aged 35 and under, stating:
    • “But why choose 35? Why not 20, 30 or 40? Why not 60? Insert to this question any other age.” 
    • “The facts alleged do not support this choice of 35 years as the limit. Legally, it is an arbitrary and therefore inappropriate choice.”
  • The full decision can be found here.