Disadvantages Of Historical Sexual Abuse Class Actions

Class action proceedings in Ontario are governed by theClass Proceedings Act1992, S.O. 1992, c.6 (the CPA). They allow a person to advance a legal claim on behalf of two or more individuals where common issues exist. Class actions aim to achieve judicial efficiency, increase access to justice for those with claims that may not have been pursued otherwise and modify the behaviour of those whose actions affect many people.

The CPA outlines the legal requirement for a claim to be certified by the court as a class action and must include:

• A valid cause of action;
• An identifiable class of two or more people;
• Common issues;
• A representative plaintiff; and
• Satisfaction by the court that a class proceeding is a preferable procedure for resolving the common issues.