What are the benefits of a class proceeding?

British Columbia, Canada


The following excerpt is from Sherry v. CIBC Mortgage Inc., 2014 BCSC 1199 (CanLII):

There will be some individual issues to be determined after the common issues are resolved. However, the benefits of class proceedings as set out in In Bouchanskaia v. Bayer Inc., 2003 BCSC 1306 at para. 150, will benefit this matter: (a) Whatever limitation period is found to be applicable to the claim is tolled for the entire class (s. 39); (b) A formal notice program is created which will alert all interested persons to the status of the litigation (s. 19); (c) The class is able to attract counsel through the aggregation of potential damages and the availability of contingency fee arrangements (s. 38); (d) A class proceeding prevents the defendant from creating procedural obstacles and hurdles that individual litigants may not have the resources to clear; (e) Class members are given the ability to apply to participate in the litigation if desired (s. 15); (g) The action is case managed by a single judge (s. 14); (h) The court is given a number of powers designed to protect the interests of absent class members (s. 12); (i) Class members are protected from any adverse cost award in relation to the common issues stage of the proceeding (s. 37); (j) In terms of the resolution of any remaining individual issues, a class proceeding directs and allows the court to create simplified structures and procedures (s. 27); (k) Through the operation of statute, any order or settlement will accrue to the benefit of the entire class, without the necessity of resorting to principles of estoppel (ss. 26 & 35)."

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