Class Action Lawsuits
Following changes to Canadian law in the 1990s, class action lawsuits became available for Survivors to pursue their claims.
What are they?
A lawsuit where one of more people with the same or similar injury brings a claim against the same defendant(s).
These individuals are called "class members.
Why are they important?
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they allow claims of all class members to be resolved in a single lawsuit - instead of through individual lawsuits.
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promotes access to justice for individuals who might not choose to start a lawsuit on their own.
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costs of litigation are shared among a larger group.
How does a class action proceed?
A judge finds there is a claim showing:
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a cause of action;
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an "identifiable class" of two or more people;
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it has common issues among the class;
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it is the preferable procedure for the claim; and
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it has a representative plaintiff who will fairly represent the class.
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pre-IRSSA class action and leading case on common issues.
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plaintiffs brought claims for abuse suffered at IRS. Claims spanned decades and were varied in nature.
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resulted in broadening the range of claims that could be asserted as class actions.
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significant case in moving the IRSSA settlement forward.