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