Class Action Lawyer, Mike Dull, explains how compensation works in a class action lawsuit in Canada. Court approval is necessary for classaction lawsuit settlements to determine whether a proposed settlement is fair and reasonable. A plaintiff has to prepare a plan of notice that is distributed to the class and describes the settlement. It also includes the date and location of the hearing to approve the settlement, the procedure and time for delivery of objections, and the right to attend the hearing in person.

A final settlement in a class action binds all of the members of the class to the relief granted in the judgment. Once the gavel comes down, it will preclude the commencement of any further legal action over the issues in the class action. Settlement agreements usually require comprehensive releases similarly precluding further proceedings.

Settlement funds are typically distributed equally to all members of a class. Any leftover could be returned to the defendants. They could also be paid out by way of a cyprès (a French phrase meaning “as near as”) distribution to one or more organizations such as charities connected to the claim’s subject matter. Regarding contingency fees, Ontario, Saskatchewan, Alberta, New Brunswick, Nova Scotia, and the territories follow the “loser pays” system under their Rules of Court. Québec also has a “loser pays” rule, but the tariff of costs payable in class actions can be significantly reduced to minimize adverse costs. British Columbia follows a “no costs” system under which neither party receives any costs.

Valent Legal is a Halifax, Nova Scotia personal injury and insurance law firm servicing clients throughout Atlantic Canada. Our team of Halifax Lawyers takes great pride in providing firstrate client care and works hard to ensure a successful outcome for you. Speak with a Halifax Class Action Lawyer today for a Free Case Review. You don't pay until we win your case.

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