Our lawyers have expertise in both substantive areas of law and the complex procedural aspects of class proceedings. We are able to provide sophisticated, multi-lingual class actions advice and presentation.
The past five years have witnessed a dramatic increase in the number of class actions certified in Canada and that trend is continuing.
In Canada, certification motion is a critical step in class actions. The leading case law regarding the certification process can be found in a trilogy of cases, namely, Rumely v. B.C . , Hollick v. Toronto , and Western Canadian Shopping Centres v. Dutton .
In Ontario, the statutory requirements for certification are set out in the Ontario’s Class Proceedings Act, 1992 (“CPA”). Pursuant to subsection 5(1) of the CPA, to certify a class action, the court must apply the following criteria:
1. The pleadings must disclose a cause of action;
2. There must be an identifiable class of two or more persons that would be represented by the representative plaintiff or defendant;
3. The claim or defences of the class members must raise common issues;
4. A class proceeding must be the preferable procedure for the resolution of the common issues; and
5. There must be a representative plaintiff who fairly and adequately represents the interests of the class, who has produced a workable plan for the proceeding, and who does not have an interest in conflict with the other class members with respect to the common issues.
It should be noted that in Ontario and British Columbia, both plaintiff and defendant can seek certification of a plaintiff class.
Our lawyers act in large, diverse and complex class actions cases in the fields of:
We are a client-centered firm. We understand that class actions can be very expensive and time-consuming for our clients. We will help our clients through the class actions process efficiently and effectively.
As class counsel, our lawyers work diligently and creatively to help our clients secure desirable judgments and settlements.
As defence counsel, our lawyers understand clients’ concerns beyond the law such as reputation, public relations, and customer and employee relations.
We limit the cost of our initial consultations so you can determine the best course of action without exceeding your budget for legal costs. For class actions cases, we also offer promotional pricing or flexible payment options.
Our firm has offices in seven locations from Markham to Oakville. For an initial consultation with a class actions lawyer, contact one of our offices by phone or email today.
“I want to thank all of you at Heydary-Hamilton and your staff for the professional way you greeted me when I was there in March for my cross–examination! You were able to calm all of my anxieties, Thank you!”