Class action legislation developed as a result of a product liability case. The Class Proceedings Act in Ontario provides an effective procedure to obtain a remedy for a
product liability claim that affects many people, particularly where the individual claims are small compared with the significant cost of legal fees in a lawsuit.
More recently, there have been several cases in which class actions have been certified for claims arising out of historical sexual abuse and, in particular, sexual abuse claims against private schools, religious organizations and government-run facilities. While there are certainly advantages to pursuing historical sexual abuse claims by way of a class
action, there are also distinct disadvantages.
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This article originally appeared on The Lawyer's Daily website published by LexisNexis Canada Inc.