What is the difference between a class action and a representative action?

Alberta, Canada


The following excerpt is from Papaschase Indian Band (Descendants of) v. Canada (Attorney General), 2004 ABQB 655 (CanLII):

From this analysis it can be seen that there are two quite different types of class or representative actions: Oregon Jack Creek Indian Band v. C.N.R., supra, at para. 408. The first arises when there is a collective claim by an organization that does not have legal standing to sue, such as an unincorporated organization. Such a claim must be advanced by representative plaintiffs, and is derivative in nature, because the collective cannot directly sue on the claim and neither can any individual member of the collective. The second type is the modern class action where, for procedural reasons only, representative plaintiffs sue on behalf of numerous claimants. The underlying rights are not collective rights, and any member of the class could sue alone, because each member is a person with legal status to sue and the rights belong to the individuals severally, and not the class.

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