What is the impact of a class action?

The defendants submit a class action will not resolve any disputes between the parties in a manner that is fair not only to the plaintiffs but also to the defendants. In their view, the numerous defendants in this action reflects a "deep pockets" approach to litigation that may force settlements because of the very substantial legal costs that will be incurred by them. The plaintiffs in a class action are not exposed to the same costs. In support of their submission, the defendants cite the comments of Cumming J.A. in Campbell v. Flexwatt Corp. at paragraph 25: Class proceedings are an efficient response to market demand only if they can resolve disputes fairly. Trial court judges must be free to make the new procedure work for plaintiffs and defendants.