WHAT IS A CLASS ACTION?

The importance of Class Actions 

A class action is an essential legal tool that allows a group of people who have suffered the same harm to come together to assert their rights in a single court proceeding. Members remain anonymous and bear no financial risk: no payment is required unless a percentage is deducted from the compensation in case of success. This mechanism promotes access to justice and strengthens fairness among         citizens.

Class actions also have a deterrent and corrective effect. In response to such proceedings, many companies and public organizations change their practices to avoid future lawsuits.

What is a Member?

 A class action is initiated by one person acting on behalf of all those in a similar situation. These individuals are called members of the group. Are you a member of a class action? To find out, consult the group description associated with each class action presented on our Ongoing Class Actions page.

If you meet that description, you are automatically a member. No registration is required, this status depends solely on the criteria approved by the court. Note that the court may modify the group’s definition based on evidence. If a modification excludes you, you will not be entitled to compensation.

How to stay informed ?

 To receive updates about the class action that concerns you, fill out the registration form  on the  corresponding  page. You will be informed of the final outcome of the proceeding and, if applicable, of the  steps to take  to  claim compensation. Filling out the form does not guarantee eligibility but ensures that you stay informed. Our website is regularly updated so that you can follow the progress of ongoing cases.

Is it possible to opt out ?

 Any member may choose not to participate in the class action and pursue an individual   lawsuit instead. By opting out, however, they forfeit any compensation resulting from the collective action.

To opt out, one must complete and file a form with the court within the prescribed time limit.

The stages of a Class Action in Quebec

A class action in Quebec follows a rigorous process governed by the Code of Civil Procedure. It unfolds in five main stages, allowing a group of people who have suffered similar harm to obtain justice collectively.

Stage 1. Authorization of teh Class Action

The first step is to obtain authorization from the Superior Court.

The application, prepared by the plaintiff’s lawyer, must meet four criteria:

• Similarity of claims
• Serious appearance of right
• Appropriateness of the class action
• Adequacy of the representative

This application must be served to the defendant at least 30 days before the hearing.

Stage 2. Certification by the Court

If authorization is granted, the judge issues a judgment defining the group, designating the representative, identifying the issues in dispute, and specifying the relief sought.

This judgment governs the conduct of the action and binds all members except those who opt out.

Stage 3. Notice to members

Once certified, a public notice informs potential members. This notice specifies the group description and the opt-out procedure. Those who opt out retain the right to bring an individual claim but cannot benefit from collective compensation.

Stage 4. Trial or settlement

 A statement of claim must be filed within three months of authorization, otherwise the action becomes null.

The case then enters the discovery and trial phase, which may last several years. However, the parties may reach a settlement at any time, subject to court approval. If successful, the court determines the compensation and its distribution terms.

Stage 5. Distribution of compensation

Once finalized, compensation is distributed to eligible members according to the criteria set by the court.

A new notice is published to inform members of the claim procedures. Compensation cannot be transferred to third parties.

We recommend visiting the Twin Lisbet website regularly to follow updates.

The costs of a Class Action

No direct costs for members

 Group members have no costs to pay.

Lawyers cover all expenses and are only compensated in case of success. Fees and expenses (experts, public notices, case management, etc.) are deducted from the total amount recovered.

In the event of failure, no costs are claimed from members.

Role of the Class Action Assistance Fund (FAAC)

The FAAC may finance certain class actions, covering major expenses such as expert fees or management costs. In return, the Fund recovers the amounts advanced and a percentage of the recovered sum. This mechanism ensures the financial sustainability of the system and greater access to justice.

Oversight and transparency of legal fees

Lawyers’ fees must always be approved by the court to ensure they are reasonable.

Generally, a percentage between 25% and 38% of the recovered amount is considered fair.

This judicial oversight ensures transparency and protects members’ interests.

The Twin Lisbet Team

A rigorous, human and committed representation

At Twin Lisbet, we bring rigor, experience, and empathy to serving those involved in class actions.

Our approach is based on transparency, competence, and collaboration to ensure effective representation that respects the interests of every member.

Court supervision

Members of a class action are represented by lawyers mandated to act on behalf of the group.

These lawyers are required to act in the best interests of the members, under the court’s supervision.

Therefore, members do not need to retain an additional lawyer. Our firm is dedicated to promoting equal access to justice and ensuring the integrity of the judicial process.

Each member is heard, informed, and represented with professionalism and respect.