{"id":30248,"date":"2020-04-09T20:13:46","date_gmt":"2020-04-09T20:13:46","guid":{"rendered":"https:\/\/wagners1.wpenginepowered.com\/blog\/canadian-armed-forces-class-action-how-do-class-actions-work\/"},"modified":"2020-04-09T20:13:46","modified_gmt":"2020-04-09T20:13:46","slug":"canadian-armed-forces-class-action-how-do-class-actions-work","status":"publish","type":"post","link":"https:\/\/wagners.co\/es\/blog\/canadian-armed-forces-class-action-how-do-class-actions-work\/","title":{"rendered":"Canadian Armed Forces Class Action - How do Class Actions Work?"},"content":{"rendered":"\n
<\/div>\nA Class Action is a type of lawsuit in which one or several persons, called the \u201crepresentative plaintiffs\u201d, sue on behalf of a larger group of people (\u201cthe class\u201d) who share similar circumstances or injuries. A class action attempts to have common or similar claims resolved in a single proceeding<\/u>, rather than in multiple repetitive individual actions, with the result of the class action being binding upon all class members and opposing parties.\n\nThe representative plaintiff<\/u> in the Canadian Armed Forces Class Action is Glynis Rogers. She is the named party who files the case and is eventually appointed by the court to represent all members of the class.\n

Certification:<\/h2>\nThere is a special step in class actions, called certification<\/u>, which essentially constitutes permission by the court to be a class action. Until then, the suit is considered a \u201cproposed\u201d class action.\n\nTo be certified as a class action, there will be a hearing where the court will consider a number of factors, including: whether there is a cause of action and identifiable class; whether there is a suitable representative plaintiff; whether there are common issues; and whether a class action is the preferable procedure for the resolution of common issues.\n\nIf the court believes a class action is appropriate, it will certify the action. Certification is a procedural step: it is not a trial of the merits, and thus does not focus on whether the allegations are true. That will occur at trial, only if<\/u> the action first gets certified.\n

Post-Certification:<\/h2>\nFollowing certification, there is an \u201copt-out\u201d period<\/u> where any member of the class is entitled to \u201copt-out\u201d of the proceeding. Someone may choose to opt-out if they want to start their own individual lawsuit. By opting-out, you will not be entitled to future recovery arising from the class action. If you do not opt-out, you are deemed to be part of the class.\n\nAfter certification, the action will proceed in one of two ways.\n\n(i)First, it may settle out of court<\/u> by the parties negotiating an agreement. Sometimes, class actions that get certified will settle after certification, but before the common issues trial.\n\n(ii)Second, it may proceed in the manner of a traditional lawsuit, moving towards resolution of the common issues<\/u> at a trial before a judge. In this case, the common issues trial will focus on the fault of the Government for the systemic discrimination, bullying, harassment and sexual assault of female members.\n\nThereafter, there will be a notice period<\/u> where members of the class are required to submit their claim. At this stage, known as the \u201cclaims process\u201d, you will submit information about your own experiences.\n\nWe understand that some individuals, particularly those currently employed by the CAF, may be hesitant to become involved in litigation indirectly against their employer. All submitted claims and information you provide Wagners<\/a> will be held confidential<\/u>, and will not be disclosed to the CAF or to the Government of Canada, unless you were to first consent to its release.\n\nIf and when it comes time to distribute monetary relief, the court has broad discretion to assess individual issues, and divide relief in a flexible and fair way. It is too early to provide specifics on if, when, and how there may be compensation awarded.\n\nPlease do not hesitate to contact us by email at classaction@wagners.co<\/a> or call toll free at 1-800-465-8794 for more information. All communications with Wagners<\/a> will be kept confidential<\/strong>.\n

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A Class Action is a type of lawsuit in which one or several persons, called the \u201crepresentative plaintiffs\u201d, sue on […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[1],"tags":[],"class_list":["post-30248","post","type-post","status-publish","format-standard","hentry","category-news"],"acf":[],"_links":{"self":[{"href":"https:\/\/wagners.co\/es\/wp-json\/wp\/v2\/posts\/30248","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/wagners.co\/es\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/wagners.co\/es\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/wagners.co\/es\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/wagners.co\/es\/wp-json\/wp\/v2\/comments?post=30248"}],"version-history":[{"count":0,"href":"https:\/\/wagners.co\/es\/wp-json\/wp\/v2\/posts\/30248\/revisions"}],"wp:attachment":[{"href":"https:\/\/wagners.co\/es\/wp-json\/wp\/v2\/media?parent=30248"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/wagners.co\/es\/wp-json\/wp\/v2\/categories?post=30248"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/wagners.co\/es\/wp-json\/wp\/v2\/tags?post=30248"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}