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A class proceeding allows one person, called a representative plaintiff, to start
a lawsuit on behalf of himself/herself as well as all others who fit into the
defined class, subject to the rights of class members to withdraw or opt-out.
This means that a single person can commence a class proceeding on behalf of hundreds
or thousands of people.
Ontario, British Columbia, Alberta, Quebec, Saskatchewan, Manitoba, New Brunswick, Nova Scotia
and Newfoundland and Labrador are the only nine provinces in Canada with class
proceedings legislation in effect.
In any event, the Supreme Court of Canada has recently ruled that court procedures
allowing representative actions can be interpreted so as to allow for class proceedings.
Class proceedings legislation allows greater access to justice by permitting groups of people who are similarly affected to join together in commencing legal action.
Scarfone Hawkins LLP is experienced in handling significant and complex class proceeding claims.
As stated by the Honourable Mr. Justice P.A. Cumming, Designated Class Proceeding
Judge for the Toronto Region in Reasons for Decision in Directright Cartage
Ltd. v. London Life Insurance Company (October 18, 2001) in relation to our
firm:
"The Class Counsel in the case at hand is experienced in class proceedings. It is apparent from the evidence and submissions at the fairness hearing that the class members have been well represented."
As stated by the Honourable Mr. Justice M. Cullity, Designated Class Proceeding Judge for the Toronto Region in Reasons for Decision in Thompson McCutcheon v. The Cash Store Inc. and Rentcash (May 10, 2006) in relation to our firm:
"He has retained experienced counsel and - notwithstanding the need to prove and rely upon the laws of other Canadian jurisdictions to a limited extent - I see no reason to doubt that his interests and those of the class will be adequately represented."
In addition, we have been recognized by the Ontario Superior Court of Justice as counsel having "...a reputation for integrity of the highest order".
As stated by the Honourable Madam Justice Hoy, Designated Class Proceeding Judge for the Toronto Region in Reasons for Decision in Bellaire et al v. Daya et al (December 7, 2007), in relation to our firm:
"Class Counsel funded the disbursements and inventoried their time. The Distribution Plan crafted reflects counsel's very considerable experience and provides a cost-efficient manner of distributing proceed of settlement to Class members". Scarfone Hawkins LLP has acted in class proceedings claims involving classes of approximately 100 people to large classes of close to 1 million people. We have achieved recovery for class members in excess of $300 million.
IMPORTANT NOTE:
This website has been designed to provide general information to potential class members in respect of various class proceedings that have been commenced, are being investigated, etc. It also provides general information in respect of class proceedings on a generic basis.
This site is not designed to answer questions about your individual situation or entitlement. Do not rely upon the information provided on this website as legal advice in respect of your individual situation, nor should you use it as a substitute for individual legal advice.
Accessing the information provided on this website does not make you a client of Scarfone Hawkins LLP.
This website will be updated from time to time to provide potential class members with information on class proceedings as new information becomes available. |
