Introduction

In a class of their own.

As the first to certify and settle a class action in Ontario under the 1992 Class Proceedings Act, Siskinds has followed up by establishing a track record that makes it a world leader in the practice of class action law.

The Siskinds class action team is comprised of a group of seasoned and talented litigators with a substantial record of success for their clients. Representing both plaintiffs and defendants, Siskinds has been counsel to the class in more than 100 cases. These include cases involving breast implants, vanishing premium insurance products, price fixing conspiracies, defective drugs, employment and pension claims, environmental actions, and security litigation.

In addition to authoring Class Actions Law and Practice, a Butterworths LexisNexis publication and the leading Canadian text on the subject, members of the team developed and teach a class action course at the University of Western Ontario. Team members are also frequent presenters at various continuing legal education seminars, professional conferences and meetings of the bar.

For more information, contact Siskinds at client.services@siskinds.com or by phone at (519) 672-2121.

Definition:

Class actions are lawsuits in which the claims and rights of many people, defined as having common but no identical interests, are decided in a single court proceeding brought by representative plaintiffs, or representatives of the class.  

Certification:

In order to proceed as a class action, a motion must be brought before a Canadian Court of Justice and the action must meet the following five conditions:

1. the pleadings show a cause of action
2. there is an identifiable class of persons that could be represented by a representative plaintiff
3. the claims of the class members raise common issues
4. a class proceeding is deemed the preferable procedure for the resolution of common issues
5. there is a representative plaintiff, or plaintiffs, who would fairly represent the interests of the class 

History:

• The Ontario Class Proceedings Act came into effect on January 1, 1993.
• Most of the other provinces in Canada have now either enacted or are in the process of developing Class Action legislation.
• The U.S. has class action legislation federally and in most states.