![]() The Consumer Protection Act allows standing for “a person acting as a member of, or in the interest of, a group or class of affected persons”. As the years have gone on, there has been legislation enacted that seems to permit class action in cases where a constitutional right is not necessarily affected. In support of this notion, Traverso DJP, in the 2008 Firstrand Bank case, noted that other that in constitutional matters, “the South African common law does not recognise class actions.”ĭespite the above seeming limitations, there is no statutory definition that defines the requirements of a class action and what constitutes it. However, this opportunity seems to only present itself in cases where a right in the Bill of Rights has been infringed or threatened, as implied by the lead-in language of the provision. We see that there is opportunity to bring a class action suit. ![]() In our Final Constitution, section 28(c) provides standing to approach a court for “anyone acting as a member of, or in the interest of, a group or class of persons”. ![]() On the contrary, it is my view that we should rather adopt a broad approach to standing.” “Whilst it is important that this Court should not be required to deal with abstract or hypothetical issues, and should devote its scarce resources to issues that are properly before it, I can see no good reason for adopting a narrow approach to the issue of standing in constitutional cases. This notion changed in the democratic era when Chaskalson P remarked: Traditionally, a litigant would have to show personal interest in the case or be formally joined. Prior to 1994, class actions were foreign to South African law and judges took and an extremely cautious approach to standing. These actions differ from traditional civil litigation whereby a single litigant sues another single party for damages in that the matter involves a group of litigants against a single party who allegedly caused the damage. Class Action Suits – a South African History and ContextĬlass and group action suits are a phenomenon aboard, especially in countries like the United States. The Court further notes that it is "satisfied that Class Counsel have demonstrated commendable diligence, perseverance and skill in pursuing a challenging piece of litigation and bringing it to a successful conclusion".With a class action in the works for the recent listeriosis outbreak, careful consideration should be given as to how these actions can be beneficial in assisting victims who suffered on a group scale. Rochester Financial Limited, 2012 ONSC 911, the Court refers to us as "highly-qualified and reputable counsel" and notes that the action would not have been commenced, let alone resolved, had it not been for our "initiative, tenacity and persistence…in the face of widespread apathy on the part of all Class Members". the work undertaken was necessary, reasonable and performed with a high level of skill and diligence". "are experienced litigation counsel and specialists in the class action area. Rochester Financial Limited, 2010 O.N.S.C. The Distribution Plan crafted reflects counsel's very considerable experience and provides a cost-efficient manner of distributing proceed of settlement to Class members". "Class Counsel funded the disbursements and inventoried their time. Daya et al (December 7, 2007), in relation to our firm: In addition, we have been recognized by the Ontario Superior Court of Justice as counsel having ".a reputation for integrity of the highest order".Īs stated by the court in Reasons for Decision in Bellaire et al v. ![]() "He has retained experienced counsel and - notwithstanding the need to prove and rely upon the laws of other Canadian jurisdictions to a limited extent - I see no reason to doubt that his interests and those of the class will be adequately represented." − q2 and Rentcash (May 10, 2006) in relation to our firm: It is apparent from the evidence and submissions at the fairness hearing that the class members have been well represented." − q1Īs stated by the court in Reasons for Decision in Thompson McCutcheon v. "The Class Counsel in the case at hand is experienced in class proceedings. London Life Insurance Company (October 18, 2001) in relation to our firm: As stated by the court in Reasons for Decision in Directright Cartage Ltd.
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