Toronto Class Action & Mass Tort Lawyer
Have you been harmed by a defective product or negligence on the part of a large entity, such as a company, facility, or otherwise? If so, you may have grounds for a valid class action or mass tort claim. Contact a skilled Toronto class action & mass tort lawyer from Merricks Law Group to learn more about how we can assist you.
Class Action Lawsuits in Ontario
A class action lawsuit is a legal mechanism allowing one or several plaintiffs to file and prosecute a lawsuit on behalf of a larger group, or "class." This type of lawsuit is particularly common in situations where the damages or injuries suffered by individuals are too small to justify individual claims, but collectively, the harm is significant. People bring class actions to achieve efficiency in litigation, lower the costs of legal action, and hold defendants accountable for widespread harm.
Notable Canadian class actions include the settlement stemming from the Walkerton, Ontario water contamination crisis, and the national class action against opioid manufacturers and distributors, which involved the federal government and every Canadian province, including Ontario.
Steps to Filing a Class Action Lawsuit
The steps to filing a class action lawsuit in Ontario are as follows:
1
Identify the Class
The first step involves defining the group affected by the issue. The class should have common legal or factual claims against the defendant.
2
Choose a Representative Plaintiff
This individual will represent the interests of the entire class. They need to have claims typical of the class and be capable of fairly and adequately protecting the interests of the class.
3
File a Claim
The representative, with the help of a lawyer, files a claim that outlines the wrongdoing and specifies the class being represented.
4
Certify the Class
Under Ontario's Class Proceedings Act, the court must certify the class for the case to proceed. Certification requires showing there's a valid cause of action, an identifiable class of two or more people, common issues shared by the class, and that a class proceeding is the preferable way to resolve those issues, among other requirements.
5
Notify Potential Class Members
Once the class is certified, potential members are notified. Ontario is an "opt-out" jurisdiction, meaning class members are automatically included unless they choose to opt out.
6
Litigation or Settlement
The case is either settled out of court or goes to trial. Settlements in class actions must be approved by the court as fair and adequate.
Steps to Filing a Mass Tort Claim
Filing a mass tort claim is an involved process. A brief outline is as follows:
- Consult a Lawyer: Due to the complexity of mass torts, consulting with a knowledgeable lawyer is crucial.
- Investigation: Your lawyer will investigate to gather evidence supporting your claim, including medical records and expert testimony.
- Filing the Lawsuit: A lawsuit is filed in a court that has jurisdiction over the case. Each plaintiff typically files their own claim, though lawyers often coordinate these individually filed claims informally to streamline the process.
- Trial or Settlement: Each case can go to trial individually, though many are settled out of court. Settlements reflect the specific damages suffered by each plaintiff.
Mass Tort Claims
Mass tort claims involve numerous plaintiffs against one or several corporate defendants. Unlike class actions, they're not governed by class proceedings legislation, and each plaintiff typically files their own individual claim rather than joining a single certified class. This approach can be especially valuable when injuries vary significantly from person to person, since it allows each plaintiff's case to be assessed on its own facts. These claims often arise from defective products, pharmaceuticals, or large-scale environmental harm.
Worth noting: Canada doesn't have a formal, court-managed process for coordinating mass tort claims the way the U.S. does with multidistrict litigation. Instead, plaintiffs' lawyers in Canada have developed informal ways of coordinating similar individual claims to make the process more efficient.
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How Damages Are Awarded in Class Action Vs. Mass Tort Claims in Ontario
In class action lawsuits, damages are distributed among all plaintiffs based on agreed-upon criteria set forth in the settlement or judgment. Typically, these are uniform distributions, but they can be varied based on the severity of harm to individual class members.
In contrast, in mass tort litigation, damages are awarded individually. Each plaintiff may receive a different amount based on the specifics of their case, such as the extent of injury and the economic losses incurred. This individual assessment allows for more precise compensation reflective of each plaintiff's circumstances.
Get Started NowContact Our Mass Tort & Class Action Lawyer Today
If you're looking to file a class action of any kind, please don't hesitate to contact a Toronto personal injury lawyer from Merricks Law Group today. We stand ready to effectively fight for the full and fair compensation to which you are entitled.
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