One individual filed the class-action lawsuit on behalf of several people seeking justice. The person filing the case is called the plaintiff, acting as a representative for the class. These cases are complex and take time to get resolved. These actions involve high litigation costs. 

In Canada, class actions were introduced in Ontario in 1993 after its first codification in Quebec in the 1970s. P.E.I. is the only province where class action procedures are not established. 

How to file a class action?

In most cases, a law firm determines the problem and finds the person affected who is willing to act as a representative litigant. However, a person can also go to a lawyer with a complaint of harm caused by another. 

The lawyer must determine the merits of the case so that a class action certificate can be obtained from the court. A lawyer will also ensure that the case is worthy enough to pursue by estimating the compensation for damages. The lawyer will also get paid through contingency fees, only meaning that they will get paid out of the reward they get from the court. 

Certificate of Class Action:

To initiate a class-action lawsuit, a certificate is required to be obtained from the court, which will approve the hearing of class action, the party’s representatives in the class member’s matter, and definition. For example, if a class-action lawsuit is brought against a product manufacturing company, a class member can be the buyer of that product.

How to get into the class?

If you believe that you fall under the class member category, you don’t need to take any action. People usually think that they need to sign any form or register with the court to be considered a class member. However, class action lawsuits have an opt-out system. 

If you don’t want to be part of the class action lawsuit or wish to file an individual case, then you are required to opt-out of the class action by a prescribed date under certification. If you fail to opt-out, then you are bound by the result of the lawsuit. 

A person is notified about the litigation being initiated. A person must research to know if he/she is a class member. A person can check the acting representative attorney’s website to find who can be part of class action. They will assist you in opting in for the settlement party. 

Any person who falls under the category of class member can claim the settlement amount by opting for the settlement. A court will specify the deadline within which a person is required to opt-in for the settlement. 

About Juzkiw Law:

The Juzkiw Law firm has the extensive legal knowledge and the right business acumen. We help our clients navigate the tricky territory of Canadian Law while focusing on managing their strategic needs and bringing them the desired results.

If you need any assistance in filing a class action lawsuit or want to be part of a settlement, please contact us immediately at +1 (416) 286-2645 to ensure your rights are fully protected. We understand the hardships you are going through and will work hard to obtain the best possible settlement.

Disclaimer: This article is just for educational or informational purposes and does not represent any legal advice. The legal advice may vary in a particular case.

What is a Collection Agency?

A collection agency is a third-party entity that is incorporated to collect dues or debts. When a person stops making payment against the loan, and the funding institution does not believe that money will be paid, the funding institution may transfer the file to the collection agency for collecting the debt. These agencies have the legal right to pursue any legal action against the person owing the debt.

General Limitation of Debt Collection in Canada:

Canada’s laws provide that a collection agency has a legal right to bring an action against the power owing to debt within six years of the debt last being acknowledged. However, the laws in the provinces are different. 

General Limitation of Debt Collection in Ontario:

The limitation period in Ontario is lesser than that in the federal laws. The rules in Ontario provide that a Collection agency cannot bring legal action after two years. However, if any payment for the debt is made after two years or the debt is even acknowledged, the two years limitation period starts again. 

It should be noted that this provision does not remove the debt from your shoulders. The debt remains in your credit report for at least six years, and you will continue owing to the debt even after two years. There will become no threat of legal action by the collection agency. 

Does the Collection Agency still contact you?

Know that you have rights, and the collection agency should respect your rights. If you are trading with:

• A federally regulated financial institution;
• A debt collection agency work for a federally regulated financial institution. Contact the Financial Consumer Agency of Canada.
• If your creditor sold your bet to a collection agency and you want to make a complaint about the agency’s debt collection practices. Contact the consumer affairs office of Ontario.

About Juzkiw Law

At the Juzkiw law firm, we have vast legal knowledge and can help you deal with debt collection law issues. We advise individuals and companies in all aspects of the law.

If you need legal assistance, contact us immediately at +1 (416) 286-2645 to ensure that your rights are fully protected. We understand the problems you are experiencing and will work hard to get the best possible solution.