Class actions

The process begins by identifying individuals with similar claims, whether they are victims of sexual assault, discrimination, or other injustices. One person from the group is designated to act as the “representative” for the class action. This person, also referred to as the “lead plaintiff”, acts on behalf of all group members. His role is essential, as he makes key decisions regarding the direction of the case, with the advice of his lawyers, and ensures that the interests of the group are fully respected.
Next, a motion is filed to “authorize” the class action, which means seeking the court’s approval to proceed with the case on behalf of the entire group. The court will examine whether the criteria are met, including the existence of common legal issues and the uniformity of the harm suffered. This step typically takes around a year, although the timeline can vary.

Once the action is authorized, lawyers begin gathering evidence and preparing legal arguments. This includes filing motions with the court, conducting interrogations, securing expert testimony, etc. This process can take several years, as it involves detailed and thorough work.
In many cases, a class action leads to settlement negotiations, avoiding a lengthy and costly trial. If a settlement is reached, it must be submitted to the court for approval before it becomes final.

If the class action is not settled amicably, it will go to trial. If the group wins the case or a settlement is reached, the damages awarded are distributed among the group members according to predefined criteria.

After a win or settlement, the court or a designated adjudicator oversees the distribution of damages among the group members. The goal is to ensure that the compensation is fair and proportional to the harm experienced by each member, in line with principles of justice and equity.