class action lawyer

Although everyone has heard of class action lawsuits, there is a lot of confusion about them in Ontario. Basically, they are big lawsuits where a designated person called the representative plaintiff argues the claim against large entities like corporations and the government on behalf of all the potential members of the same class. The costs to run the lawsuit are carried by the law firm and are paid when the action is settled or won in court. Without class actions, it would be almost impossible for the public to hold big business and governments responsible for their actions. There is a broad range of potential class actions and new causes of action are discovered all the time.  

At Campisi LLP, we represent victims of corporate and government wrongdoing and negligence in the following types of Class Actions:

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Product Liability Claims

Demanding compensation for losses as a result of defective products, false advertising or manipulative marketing practices.

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Consumer Protection

Ensuring large corporations are held accountable for their actions and consumers are protected.

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What you need to know

 

If the following apply to you and could also apply to others, you might have a Class Action claim:

 

  1. There is a cause of action – there must be a legal wrong committed, not just a moral wrong;
  2. There is an identifiable class – it must be possible to determine who has been affected by the wrong actions;
  3. There are common issues – the issues experienced must be common and must be a significant component of the claim;
  4. A class action is the preferable means of resolving the issue – for example, if only a few people are involved, there may be more convenient means to get the necessary results; and
  5. There is someone to represent the class as representative plaintiff – there must be someone willing to guide the action whose experience is typical for the class.

 

If these criteria apply to you, we are pleased to offer a free, no-obligation consultation to explain the class action process in detail, and to advise you concerning your potential claim. We understand how corporations and government institutions work. We know that their decisions, errors and omissions can cause damages that might appear too small to pursue individually. In these cases, the overall damages might be large enough when grouped together to pursue on a class action basis. Therefore, we investigate potential claims thoroughly and as efficiently as the circumstances of the claim allow in order to provide you with an opinion you can trust.

Mass Torts

Like a Class Action lawsuit, a Mass Tort allows multiple plaintiffs to advance claims for compensation against defendants for injuries and losses arising out of the same or similar circumstances. However, unlike Class Actions, there is no Representative Plaintiff standing for the interests of the group – this means a judge does not need to determine whether the common issues are significant enough to make a Mass Tort the preferred form of proceeding. Although legal resources are shared as the lawsuits proceed through the courts, each plaintiff remains in control of their own claim, and each is required to prove the nature and extent of their own damages.

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What you need to know

In more complex cases of corporate, professional, or government negligence, where the type and severity of the harm suffered by victims can vary significantly, a Mass Tort is a flexible and powerful means of providing access to justice for individual plaintiffs.

For example:

A Class Action lawsuit might make sense against a major retail grocer alleged to have unfairly charged consumers for bread products over an established period. The class of potential plaintiffs is huge, and it would be relatively easy to assign a value to each claim. However, the modest value of each class member’s claim would not support a lawsuit.

On the other hand:

A Mass Tort might be suitable against a gynecologist alleged to have performed repeated unnecessary surgical procedures. While the liability allegations will be similar in every case, the impact on each individual victim will almost certainly vary widely. As a result, a Class Action will not be a useful substitute capable of providing each victim with appropriate compensation.

 

Advantages of Mass Tort

1.  Access to Justice

Suing large corporations, medical professionals and hospitals, or government agencies is complex and expensive. These defendants are well-funded and will not back down unless it is obvious that they will lose, or you are willing to risk a trial. It can be intimidating to fight for your right to fair compensation even when you have suffered severe, life-changing injuries and losses. In many cases, plaintiffs abandon legitimate claims instead of facing an uphill battle that can last for years. Knowing that your claim stands alongside those of a group of survivors seeking justice together can give each of you the courage and determination to continue in the face of these challenges.

2. Efficiency/Cost-Effectiveness

In many Mass Torts, the same expert evidence can demonstrate claims of negligence or breach of fiduciary duty against the defendants for multiple plaintiffs. For instance, all affected members of the Mass Tort proceeding can rely upon one medical opinion that the defendant gynecologist performed a series of hysterectomies that were not medically necessary. Procedural steps like Motions, Examinations for Discovery, Mediation, and Pre-Trial conferences can all be held collectively, which significantly streamlines the process. If necessary, the claims can be heard before a single judge and jury at trial.


3. Strength in Numbers

This is perhaps the greatest benefit to participating in a Mass Tort. While one unnecessary hysterectomy might be justified as a reasonable error in clinical judgement, twenty such “errors” is far more difficult to justify to a jury. Similarly, a series of victims tripping over the same unrepaired strip of sidewalk or being overserved to intoxication at a tavern draws attention to and reinforces the claim of each. In addition, “money talks” – especially with the insurance companies that defend these claims. The more potential exposure an insurer faces, the greater the risk, and therefore, the bigger the incentive to take the claims seriously. This incentive helps your lawyers advance the cases more effectively and contributes to advantageous settlement opportunities.

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How Campisi Can Help

 

At Campisi LLP, we are proud of our litigation track record at all levels of Ontario Court, including precedent-setting victories at the Ontario Court of Appeal. Every case including every proposed class action or mass tort, is reviewed by the Campisi legal team, headed by our managing partner, Joseph Campisi – a certified Civil Litigation Specialist and Osgoode Hall Insurance Law professor.

Trust us to handle your class action – and rest assured that you do not pay us until it is won or settled.

The Campisi Difference

Why Choose Campisi?

A champion with heart

When you’re a victim of an accident, everything can seem upside down. You need someone who cares enough to help you through the process, but also someone who’s strong enough to battle tirelessly on your behalf. You need an advocate with a heart.

We guarantee to always put your future first

You don’t pay for anything until your case is won or settled. We treat you as we would our family, making ourselves available 7 days a week to guide you through these difficult times. We are selective when taking on new clients so that you receive the attention you deserve, and the commitment to win your case.

Campisi is head of the class

At Campisi LLP, you and your family are in good hands. Our Managing Partner is not only an exemplary personal injury lawyer, he is a professor of Insurance Law at York University’s Osgoode Hall Law School. He has been recognized in the 2022 edition of Best Lawyers®  in Canada for Personal Injury Litigation, a highly respected resource for both clients and professionals. Our lawyers have successfully represented thousands of clients with serious injuries like yours, and will use their extensive knowledge of the law, the medicine and the insurance system to win your case.