"Loretta Merritt of Torkin Manes LLP says that distinction around injuries is an important one and can make class actions inappropriate for some circumstances in which there was harm. She says the process is flawed and, therefore, not always adequate for those involving sexual assault, particularly historical institutional abuse."
"There have been several class actions certified for claims of historical sexual abuse in institutions, which Merritt says she finds troubling. She says the time restraints in class actions can deny access to justice to many of those who have been harmed and the damage awards end up being much smaller than those who pursue individual claims."
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