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* COMPILED BY MALLORY HENDRY PROS CONS & T H E O F P R A C T I S I N G . . . * Practising in class actions MICHAeL duLL, Associate, Wagners, Halifax, n.s. PROS: + • Judicial economy avoids unnecessary duplication in facts and legal analysis; success for one class member means success for all; and a class will share common issues that allows for all to be dealt with in one legal action. • Access to justice: class actions allows multiple claims to be prosecuted in an economic fashion, which would be otherwise too costly on an individual basis; and allows "small recovery" claims to have their day in court. • Class actions can modify behaviour ensuring corporations, governments etc. do not ignore obligations to consumers and public; and also allows the public, as a group, to take on large entities that an individual may not have the resources to do. • Imposes costs of wrongdoing on a defendant. CONS: – • e certifi cation process is onerous, requiring certifi cation as a class action prior to a trial on the merits; it must be clear, issues of fact or law are common to all class members; and the class must be a fair size to make proceeding with suit viable. • ere are o en fi lings in multiple jurisdictions, and carriage motions may result or delay the proceedings. • e representative plaintiff s who control, in essence, the class action, provide input, accept settlements, and there is potential for disagreements or confl ict with other class members. • Most class actions are of a complex nature, diffi cult and lengthy to litigate, usually expensive to litigate, more time and resources are required. • ere is a potential for large cost awards against unsuccessful plaintiff s. * O F P R A C T I S I N G . . . * I N C L A S S AC T I O N S I N W I N D S O R, O N T. * I N E D M O N TO N * I N G O V E R N M E N T 28 F a l l 2 0 1 4 C A N A D I A N L a w y e r 4 s t u d e n t s

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