ADVANTAGES OF CLASS ACTIONS
The advantages of class actions are numerous and it is often the only option that is both realistic and accessible in bringing justice to a cause.
THE COSTS
The costs are assumed by the lawyers who act for the plaintiff, in conformity with a written agreement to this effect. The Fonds d'aide aux recours collectif may accept to advance certain funds related to the class action such as fees for experts and certain other costs.
In the event of an indemnity following a judgement or an out of court settlement, a percentage of this indemnity, determined by the court, permits the lawyer's professional fees to be paid as well as all other costs which may not have been covered by the Fonds d'aide. The lawyer, with his professional fees, must reimburse the sums advanced by the Fonds d'aide. If the class action fails, then the Fonds d'aide does not have to be reimbursed, nor does the lawyer for any of the fees he may have incurred.
COST BENEFIT RATIO
The ratio of cost to benefit is very significant in a class action. On the one hand, this is due to the sharing of costs, as outlined above. The individual indemnity varies in relation to the nature and extent of the damages suffered by each group member and is not diminished because it results from a collective judgement.
THE RISKS
When a class action fails, a member does not pay any professional fees or other expenses to their lawyer nor to the lawyer of the opposing party, therefore there is no risk. On the contrary, when an individual action fails, a person must pay such fees from their own pockets which may amount to millions of dollars.
ACCESSIBILITY TO JUSTICE
Due to the formula of financing and limitation of risks, class actions grant citizens a greater access to justice. An individual would not otherwise be able to assume the costs of such litigation on their own.