Costs: Appeals Are Separate And Discrete Steps In A Class Proceeding

Class actions, by their very nature, mandate the extra procedural step of a certification motion. As a result, a class proceeding is generally longer than a standard civil proceeding and can be significantly more complex. When certification motions and costs of certification are appealed this leads to even longer and more expensive steps in the litigation before the discovery stage is reached. All of these steps can be significant draws on the parties' resources. As a result, the law surrounding costs, i.e. who bears the burden of financing the different steps, may be even more significant. In class actions, rulings on costs awards must also take into account one of the fundamental goals of the Class Proceedings Act, 1992, that of access to justice.