Class actions are one of the most high-profile and far-reaching legal procedures in the Canadian justice system. Hundreds of class actions are filed each year, and millions of dollars in compensation are available to class members. And yet, the people most affected by this litigation – the class members – do not always have easy access to information about these lawsuits, their role in them, or who to turn to for assistance. Over the past two years, the Class Action Clinic at Windsor Law has worked to fill this void in the class actions landscape.
The Class Action Clinic is the first of its kind in North America, offering legal assistance and resources to class members – those who are part of a large civil lawsuit launched on their behalf by representative plaintiffs and class counsel. It is staffed with a team of law students, staff lawyer, and a faculty director who provide a range of legal services, information, and assistance with filing claims in settlement distribution processes. The Clinic is also dedicated to creating greater awareness about class actions through public education, outreach, and research. Because they serve class members across Canada, the Clinic provides its services online, by telephone and video conference, as well as in-person for those in the Windsor–Essex community.
This month, the Clinic celebrates its second year of serving clients and helping fulfill class actions’ access to justice potential. Since its launch in October 2019, the Clinic has surpassed expectations and milestones, with increasing client demand confirming the long-standing need for a Class Action Clinic in the country.
Notably, the Clinic has:
- Supported over 150 individual clients with help from 10 law students from across Canada;
- Assisted 53 clients with their settlement claims applications, including 20 clients who appealed or are appealing claims administrators’ decisions;
- Provided dozens of class members with independent legal advice on their rights surrounding opting out or objecting to a proposed settlement;
- Represented objecting class members in two court hearings. In one of those cases, the judge agreed with the objectors and did not approve the settlement;
- Published a monthly blog and daily tweets on a wide range of issues affecting class members as part of its commitment to public education about class actions;
- Engaged in public advocacy, including making written and oral submissions to the Legislature and commenting on law reform.
- Been awarded almost $350,000 in cy près awards in two class action settlements. One judge wrote that he “support[s] and encourage[s] the Clinic’s involvement” in settlement approval hearings and another judge described the Clinic as “a worthy cause and an appropriate recipient of a cy près award.”
The Clinic regularly receives positive feedback and recognition from clients, lawyers, and journalists.
Financial support from the Law Foundation of Ontario (LFO) and Windsor Law was integral to launching the Clinic.
You can follow the Class Action Clinic on Twitter or visit their website for more information.