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BC Class Actions FAQs

(Frequently Asked Questions)
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  1. How to start a class action?

  2. What are the requirements for certification?

  3. What are the requirements for a representative plaintiff?

  4. What are the considerations for certification of a class action?

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1. How to start a class action in BC ?

  1. One or more persons hire a Class Actions lawyer to start a lawsuit on behalf of themselves and a defined group who suffer from similar circumstances.  The lawyers usually work on a "contingency fee" basis, which means that the people starting the Class action don't have to pay any legal fees to the lawyers. [see our class action lawyers area ]

  2. The Class Action lawyer then applies to the B.C. Supreme Court to:

    1. certify the lawsuit as a Class Action; see requirements for certification

    2. formally appoint the representative plaintiff to represent the class; see requirements for certification

    3. certify the common issues to be decided in the Class Action. This means finding issues of fact or law that are common to all the plaintiffs' claims.

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2. What are the requirements for certification?

  1. The court documents must show a claim recognized by law;

  2. There must be an identifiable class of two or more persons;

  3. The claims of the class members must raise common issues;

  4. A class action must be the preferred procedure for the fair and efficient resolution of the common issues.

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3. What are the requirements for a representative plaintiff?

The representative plaintiff must show that he or she:

  1. would fairly and adequately represent the interests of the class;

  2. has produced a plan for the Action that sets out a workable method to pursue the Class Action on behalf of the class, and notifying class members of the Action; and

  3. does not have an interest that is in conflict with other class members on the common issues.

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4. What are the considerations for certification of a class action?

The Supreme Court will consider these issues in deciding whether there should be a Class Action:

  1. Is the Class Action a fair and efficient (both cost and time) means of resolving the common issues?

  2. Are there more common issues than individual issues?

  3. Is it proper for the class members to sue individually, or should they start separation lawsuits?

  4. What other ways are there for resolving the claims?

  5. Is the Class Action going to be so complicated that it would be more efficient to have the people sue individually?

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