U.S. Guide to Class Actions in Canada

While class actions in Canada are, for the most part, similar to class actions in the U.S., our U.S. Guide to Class Actions in Canada serves to highlight key procedural and substantive differences that your business should understand.

Most class actions in Canada are litigated in provincial courts, and there are differences among the provincial approaches, particularly regarding the class certification procedure, the opt-in our opt-out mechanisms and the potential for adverse costs awards.

Our comprehensive guide below contains an overview of the class action landscape in Canada, including the following:

• Stages of a Canadian class action
• Defending a class action, including relevant issues to consider at the pleadings stage such as  jurisdictional issues, joinder and limitation periods
• Detailed analysis of the stages of a certification motion in common law provinces and the authorization application in Quebec
• Post-certification issues, including discussions on damages, discovery, expert evidence, settlement, alternative dispute resolution and appeals
• Costs and funding in class actions