Uniqueness of claims and different histories likely mean it will be an uphill battle for more than 200 potential plaintiffs to have their gender discrimination lawsuit against the RCMP certified as a class action, says commercial litigation and class action lawyer, Brian Radnoff in this interview about a recently reported discrimination lawsuit against the RCMP.
"Class actions based on systemic problems, like systemic discrimination, are normally difficult to have certified. The issues are complicated and there is a high degree of uniqueness to individual claims. Discrimination, itself, is a complicated issue, and raises many questions that would be unique to individual plaintiffs. However, given the nature of the claims, it is also possible that these claims could only, practically, be brought as a class action because individual claims are not worth enough to pursue," he adds.
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