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Difference between revisions of "Class Actions in British Columbia"
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Class Actions in British Columbia (view source)
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==What does a court need to certify a class action?== | ==What does a court need to certify a class action?== | ||
The court must certify the lawsuit as a class action if the following five criteria are met: | The court must certify the lawsuit as a class action if the following five criteria are met: | ||
# | #The document that the plaintiff files in court (called the ''Notice of Civil Claim'') shows a legally valid claim based on a mistake or wrongful act. | ||
# | #The court can identify two or more people as a class, who are then the class members. The class is easily defined, so people can easily tell if they fit into the class. (In some cases, classes are again divided into subclasses.) | ||
# | #There are common issues in the claims of the class members. | ||
# | #A class action is the best way to fairly and efficiently resolve the common issues. | ||
# | #There is a representative plaintiff—someone to represent all the members of the class. | ||
==Three requirements a representative plaintiff must meet== | ==Three requirements a representative plaintiff must meet== | ||
A representative plaintiff must: | A representative plaintiff must: | ||
# | #fairly represent the interests of the class members. | ||
# | #have a plan to run the class action for the class members and notify them of the lawsuit. | ||
# | #not have an interest that conflicts with interests of other class members on the common issues. | ||
==Does the representative plaintiff have to live in BC?== | ==Does the representative plaintiff have to live in BC?== | ||
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==How do you decide whether to start a class action?== | ==How do you decide whether to start a class action?== | ||
People who are thinking of using a class action should consider the following things: | People who are thinking of using a class action should consider the following things: | ||
# | #Has a class action dealing with the same issues already been started? | ||
# | #Is a class action a fair and efficient way to solve the common issues? | ||
# | #Are the common issues more important than the individual issues? | ||
# | #Is a lawsuit the best way to solve the claims? Has the defendant come up with other ways to compensate class members? | ||
# | #What type of lawsuit is best for the case: class action or individual? | ||
# | #Is a class action too complicated? | ||
For example, a class action is not appropriate if individual issues would overwhelm any benefit from settling the common issues. In these cases, there is a risk of long and complex individual trials after the common issues are settled. | For example, a class action is not appropriate if individual issues would overwhelm any benefit from settling the common issues. In these cases, there is a risk of long and complex individual trials after the common issues are settled. | ||
