Alexandra Monkhouse, Employment Lawyer, explains:
Who pays legal fees in a class action lawsuit?
Generally, no money is paid up front for a class action lawyer. The lawyers who prosecute a class action, that means the lawyers of the representative plaintiff and of the potential class, are paid at the end of the action from the settlement that a class would receive.
Is there a time limit to bring a class action lawsuit?
When you think of a claim, time is always of the essence and in Ontario, we have a statute of limitation that prevents people from suing for claims that are older than 2 years. However, in employment class actions, there is always the issue of discoverability. Did the potential class know that there was a workplace violation, and in those cases, claims can go back for far longer than just 2 years. A class action is sometimes superior to a Ministry of Labour action because you can claim for amounts that are owed beyond the 2-year limitation period and, most importantly what can be done in a class action and cannot be done before the Ministry of Labor is to get a resolution for an entire group of affected workers.
What do I need to do in order to participate in a class action lawsuit?
If you want to provide information to class counsel then you can reach out to them and provide your story and your documents. Generally, class cousel will mainly work with the representative plaintiff, and you don’t need to take any positive steps to participate in a class action.
For more information regarding class action lawsuits, contact Monkhouse Law Employment Lawyers at 416-907-9249 or fill out this quick form. We offer a free 30-minute phone consultation.