Class Actions
FREQUENTLY ASKED QUESTIONS
1. As a class member, do I have any responsibility
to pay for any cost awards made in the litigation?
- Answer: No under the Class Proceedings Act, 1992 section 31(2)
Class members, other than a representative party, are not liable
for costs except with respect to the determination of their own
individual claims.
2. As a class member do I have any responsibility for the legal fees
of plaintiff’s counsel?
- Answer: The representative plaintiffs for each class action
have entered into contingency fee agreements with class action
counsel, which provides for payment of their legal fees in the
event the action is resolved, either by settlement or by court
order, in favour of the plaintiff class. Such legal fees would
be paid out of the proceeds of settlement or judgment, and will
not require any payment from class members directly. Plaintiff
counsel’s legal fees have to be approved by the court before
they can be paid.
3. What do I have to do to join a class action?
- Answer: You do not have to do anything to become a member of
the plaintiff class. The proposed class is defined in each of
the statements of claim. If you fall within the definition, and
the class action is certified, you are automatically a member
unless you opt out (see FAQ #4 for opt out procedure).
- If you believe you fall within the definition, then you may
contact Paliare Roland at the address, below. We will endeavour
to keep you advised as each of the matters proceeds through postings
on the website, e-mails, or other correspondence. Ultimately,
at such time as a class action is certified then steps will be
taken to identify all members of the class.
4. If I believe that I fall within the definition of one or more
of the classes but do not want to be part of the class action(s).
What do I do?
- Answer: If you fall within a class definition but do not want
to be a member of the plaintiff class, then you have the right
to opt out of that class action after it is certified. The certification
order will set out the manner of opting out and a time within
which you may do so.
5. What happens when a claim is commenced by way of a Statement of
Claim?
- Answer: The first step is usually a case conference with counsel
for the plaintiffs and defendants before a judge of the Ontario
Superior Court of Justice to set a timetable for proceeding towards
a motion for certification of the action as a class proceeding,
as defined in the Class Proceedings Act, 1992. At a certification
motion the Judge assigned to the action will decide if it can
proceed as a class action. Successful certification motions will
include a provision with respect to providing notice to class
members. This website will be updated whenever there are substantial
new developments on any of the actions for which Paliare Roland
represent the representative plaintiff or defendant.
- If you have any questions that are not answered on the website,
please do not hesitate to contact us.
6. How can I contact Paliare Roland LLP?
Answer:
CONTACT INFORMATION:
Mailing Address:
Paliare Roland Rosenberg Rosenberg LLP
Attention: Margaret Waddell or Odette Soriano
250 University Avenue, Suite 501,
Toronto, Ontario M5H 3E5
E-mail: info@paliarerolandclassactions.com
Phone: (416) 646-7409
