Applications of collective actions related to the health crisis of the present are already many and could multiply.
This is what happens when people encounter the same issue, and that one of them chooses to prosecute in the name of all.
A single representative for all
The principle of collective action is that a person is representing before the court all persons who are in the same situation. For example, a person wishes to pursue a CHSLD in the name of all the residents of the facility and their families. Or a person wishes to pursue an airline in the name of all the people whose flight has been cancelled and who have not obtained a refund.
If you want to start a collective action, note that you must :
- You are affected by the problem
- Be able to understand the stakes of such an approach
- Be ready to involve you in the name of all those whom you represent.
A long process
The different collective actions, of which you may have heard talk lately against the CHSLD or the airlines are at the beginning of the process. These actions must be authorized by the court. A judge will assess in particular :
- If there are actually several people with the same problem
- If the collective action is better suited than many individual lawsuits
- If the case is defensible and has a chance of success.
When a collective action is authorized by the court, it may then take its course, like a normal pursuit. Stay informed on the various collective actions in progress, because you could be a part of one of them without knowing it ! This is what happens when you yourself are affected by the problem at the heart of the collective action, even if you have not made any approach for a prosecution.
Remain patient : these cases could result in several years !
Informational text – This text is not legal advice; it is recommended to consult with a lawyer or a notary public to such a notice. Éducaloi is a non-profit organization whose mission is to inform Quebecers of their rights and obligations in a clear language”.