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Class Action and Mass Tort Lawyers
We all know that there is power in numbers. Many people working together for a common goal can overcome barriers that would be difficult for an individual to surmount. In the personal injury field, when we think of power in numbers our minds turn to class actions and mass torts. These types of lawsuits allow a group of people who have sustained the same type of injury or similar injuries to join together to sue a common defendant or defendants.
Personal injury, product liability, or medical malpractice cases can sometimes be pursued as a class action or mass tort. Deciding whether to participate is an important consideration for people who may qualify, and there are some notable differences between these types of legal actions.
What are class actions and mass torts?
Key similarities and differences.
A class action is a civil claim brought by one or more individuals on behalf of a larger group. Class action lawsuits are common where the same at-fault party injures a group of people - known as class members - in the same way. One representative case is used to speak for the interests of the entire group. Rather than having each person bring his or her own lawsuit against the defendant, a class action allows the group to collectively sue the at-fault party to resolve the claims in a single legal proceeding.
The main goal of class proceedings is to provide access and opportunity for those who have been wronged to seek justice, but are not able to individually pursue legal actions, either because of a lack of available funds to do so or because of the risk-reward-ratio involved in a suit. Through a class action, these individuals are provided with the opportunity to seek legal resolution for the alleged damages they have experienced as a result of the negligence of another person or entity.
Class action lawsuits provide an efficient, cost-effective way to litigate common issues. They help to equalize the playing field against a large entity, such as a corporation or government, that has deep pockets and extensive resources from which to fight claims. A class action's outcome is important not only for the class members, but also for society at large; this type of lawsuit goes beyond the goal of justice for the class members, and can actually correct or alter damaging behaviour.
When a class action is certified, a court order will define the class. If you fall within the definition which is set by the court, you are automatically included, unless you decide you do not wish to participate in the suit. If you would like to preserve your right to pursue an individual case, you must opt-out of the class action.
There will be a limited window of time for you to opt-out, which will be indicated in the certification order which is sent out after the proceeding is certified. However, be aware that once you have opted out, you are no longer entitled to receive any settlement as a part of the class action if the case is resolved. You must launch your own civil suit if you intend to seek compensation for your injuries or losses.
Similar to class action lawsuits, mass tort actions involve many injured parties against one or a few at-fault parties. However, unlike a class action, a mass tort action treats each injured party individually, rather than as an injured group. It can be an efficient and cost-effective way to navigate the legal system for multiple parties experiencing the same or similar injuries and to litigate common issues.
Steps in class actions and mass torts.
To commence a class action:
- A representative plaintiff must be identified.
- This plaintiff’s case must be able to adequately and fairly represent the interests of a class as a whole.
- The lawyers for the class will then bring a motion to the court for certification of the class.
- The motion will present to the court the reasons why a class action is appropriate to represent all people identified as class members.
- If certified, a notice will be issued to potential members of the class to inform them of the proceedings. This gives them an opportunity to submit written confirmation that they wish to opt out of the action if they want to litigate their case as an individual.
Withdrawing from the class action means that an individual will no longer be able to access any negotiated settlement or court award to the class. However, class members will be bound by the result of the trial or the settlement and cannot re-litigate their own case if they are dissatisfied with the result. Members of the class will be sorted into categories according to the nature and severity of their injuries as the money from a settlement or court award is divided after legal expenses are deducted.
For mass torts, without the necessity of a representative plaintiff, a collection of individual claims will be filed to commence proceedings. Ensuring that there is a sufficient number of claims falling under the mass tort umbrella is important, as it puts a singular pressure on the defendant. Each individual plaintiff will file their own statement of claim. While the allegations in each claim will likely be broadly similar, the plaintiff’s unique circumstances and injuries will be established.
If a settlement offer is made in a mass tort case, each individual claimant has the choice to accept it, reject it, or make a counter-offer. Unlike a class action where all class members are bound to a group decision, individuals taking part in a mass tort case retain the ability to direct their own case as they see fit. This ability permits a level of direct involvement in proceedings by plaintiffs that is not possible in class actions where group members take on a passive participant role.
Justice for you and society at large.
By their very nature, class actions and mass torts affect many people. If an entity such as a corporation has made an unsafe product, a variety of consumers are affected. If a hospital’s practices have resulted in medical malpractice, multiple people may have been harmed. Each plaintiff is seeking a sense of justice by participating in a class action or mass tort.
Part of this justice can be compensation to acknowledge the harm the defendant has caused to them individually. But when a defendant in these cases is penalized for their negligent actions or inaction, it serves as a powerful message for them and others to take precautions to avoid causing similar harm in the future. It may inspire action to correct or modify damaging behaviour or widely accepted practices. In this way, everyone benefits from increased safety.
Trusted expertise.
As one of Canada’s top personal injury firms, Gluckstein Lawyers has the knowledge, experience and skill to represent you or your loved ones in a class action or mass tort. We recently negotiated a $1.5 million settlement for victims of negligence by ReproMed Fertility, the Toronto Institute for Reproductive Medicine. That company’s negligence in inspecting, monitoring, and maintaining its cryogenic storage tank resulted in the destruction of embryos, eggs and sperm that its clients had entrusted to it.
Currently, we are representing plaintiffs in lawsuits relating to:
- Ukrainian Airline Flight 752 (a plane crash which occurred when Iran used a Tor-M1 surface-to-air missile to shoot it down. Of 167 passengers on board, 138 were travelling to Canada. There were no survivors).
- Zimmer Biomet ExploR Modular Radial Head (a medical device used in elbow surgeries across Canada that results in permanent injuries and the need for corrective surgery and future care).
- DePuy Attune Knee System (a medical device used in knee replacements that has been failing at much higher rates than expected. The pain caused by these failures can be severe and require physical therapy and or/revision therapy).
- Health Sciences North (the radiology department in this Sudbury-based medical facility is alleged to have consistently failed to meet the required standard of care when interpreting breast imaging reports between 2008 and 2020).
If you or a loved one think you may be eligible to participate in one of these actions, please contact us for further information on your rights and options. For almost 60 years, we’ve helped clients and their families move forward with dignity and trusted expertise when faced with life-altering injuries.
Our team of personal injury lawyers in Toronto, Ottawa, Niagara, and Barrie are committed to providing our clients with full-circle care as they depend on us during the most challenging times of their lives. You can trust that we will be with you every step of the way.
Related Expertise.
Ongoing Class Actions
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Current
Automobile Insurance Total Loss Class Action
If you or someone you know has received compensation in respect of a total loss automobile accident claim, you may be eligible to participate in this action. Contact the team at Gluckstein Lawyers and...Continue Reading -
Current
Depo-Provera Birth Control Injection Brain Tumor Class Action
If you or a family member has suffered from medical complications or injuries as a result of taking the Depo-Provera birth control injection, our mass tort and class action lawyers are interested in h...Continue Reading -
Current
President’s Choice Financial Duplicative NSF Fees Class Action
If you or someone you know have or had a banking account with President's Choice Financial and have been charged multiple NSF fees on one or more representations of the same transaction for payment, t...Continue Reading -
Current
Ford Fusion PHEV 2019-2020 Recall Class Action
If you or someone you know has owned, currently leases or has leased a model years 2019-2020 Ford Fusion Plug-In Hybrid Electric Vehicle and have received a Notice of Recall, the team at Gluckstein La...Continue Reading -
Current
Cochlear Implant Class Action
Were you or your child implanted with an Advanced Bionics HiRes Ultra or HiRes Ultra 3D Cochlear Implant? Gluckstein Lawyers has launched a class action on behalf of behalf of persons who have been im...Continue Reading -
Current
Necrotizing Enterocolitis Class Action
Was your premature baby diagnosed with necrotizing enterocolitis (NEC) If so, it may be a result of the type of baby formula that your baby was fed in the neonatal intensive care unit (NICU) which is ...Continue Reading -
Current
Health Sciences North Mass Tort
Gluckstein Lawyers has filed a mass tort lawsuit for all patients who had breast imaging reports misread by the radiologists at Sudbury’s Health Sciences North hospital. This alleged negligence has re...Continue Reading -
Current
Ukraine International Airlines Flight 752
On January 8th, 2020, a scheduled international passenger flight from Tehran to Kyiv operated by Ukraine International Airlines (UIA) took off. Devastatingly, the Boeing 737-800 was shot down shortly ...Continue Reading -
Current
Zimmer Biomet ExploR Modular Radial Head System Mass Tort
Gluckstein Lawyers is representing clients against Zimmer Biomet Holdings Inc., Biomet Orthopedics LLC, Zimmer of Canada Limited and Zimmer Cas who received the ExploR Modular Radial Head System medic...Continue Reading
FAQs.
- How do I start a Depo-Provera lawsuit?
- To begin, contact the experienced team at Gluckstein Lawyers for a free consultation. Our lawyers will review your medical history and Depo-Provera use to assess whether you may be eligible to file a claim. Get More Information
- Are meningiomas linked to Depo-Provera treatable?
- Meningiomas are generally treatable, but it's important to consult a healthcare provider for advice tailored to your situation. Treatment options may include monitoring, surgery, or radiation therapy. However, some patients may experience long-term effects even after treatment, which can be an important factor when pursuing compensation. Get More Information
- What should I do if I think my brain tumour is linked to Depo-Provera?
- First, consult your healthcare provider to address your symptoms and ensure proper medical care. Next, collect your medical records and prescription history for Depo-Provera. An experienced lawyer can review this information to determine if there is a connection between your condition and Depo-Provera use. Get More Information
- What is the deadline for filing a lawsuit related to Depo-Provera?
- Lawsuits for drug-related injuries, like those involving Depo-Provera, are subject to statutes of limitations, which may differ by province. The countdown typically begins when you are diagnosed with a tumour or when the condition can reasonably be linked to Depo-Provera. Get More Information
- What compensation can you claim in a Depo-Provera lawsuit?
- In a Depo-Provera lawsuit, compensation may include coverage for medical expenses (both past and future), lost wages, and non-economic damages such as pain and suffering. If the condition has caused significant or permanent impairment, you may also be entitled to compensation for a reduced quality of life. Get More Information
- Am I eligible to file a Depo-Provera lawsuit?
- Depo-Provera lawsuit eligibility usually requires a history of using the drug and a subsequent diagnosis of meningioma or symptoms indicating tumuor growth. Factors such as dosage, duration of use, and timing of the diagnosis can affect your case. Get More Information
- What symptoms should I watch for after using Depo-Provera?
- If you've taken Depo-Provera, watch for ongoing symptoms like severe headaches, vision changes, balance problems, memory issues, or hearing loss. These may signal pressure on the brain from a meningioma. Get More Information
- How are meningiomas related to Depo-Provera?
- Research suggests that the hormonal components of Depo-Provera may be linked to a higher risk of developing meningiomas, especially with long-term or high-dose use. However, not everyone who uses Depo-Provera will experience this risk. Get More Information
- What are meningiomas?
- Meningiomas are tumours that develop on the membranes surrounding the brain and spinal cord. Although most are non-cancerous (benign), they can grow large enough to cause significant symptoms and may need to be removed through surgery. Get More Information
- What is Disability?
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Disability is a broad term that encompasses physical, cognitive, sensory, or mental impairments that may limit an individual's ability to engage in certain activities or perform tasks compared to the general population. Disabilities can be temporary, permanent, or episodic, and they vary in severity and impact on daily functioning.
Disabilities can result from various factors, including congenital conditions, illnesses, injuries, accidents, or age-related changes. The effects of a disability can manifest in limitations related to mobility, communication, cognition, sensory perception, or self-care, affecting an individual's independence and quality of life.
In the context of insurance, such as Long-Term Disability (LTD) coverage, disabilities are typically assessed based on their impact on an individual's ability to work and earn income. Insurance policies define disability criteria to determine eligibility for benefits, considering factors such as medical evidence, functional limitations, and the individual's capacity to engage in gainful employment.
Understanding the nature of disabilities, their diverse manifestations, and the challenges they pose to individuals is crucial for creating inclusive environments, providing appropriate support and accommodations, and promoting equal opportunities for individuals with disabilities in various aspects of life.
Get More Information
- What Are My Legal Options if My Municipality’s Water Supply Is Contaminated With PFAS?
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If your municipality's water supply is contaminated with PFAS, you may have several legal options to seek compensation, remediation, or injunctive relief from the parties responsible for the contamination.
Potential defendants may include the manufacturers of PFAS, such as 3M and DuPont, the users of PFAS, such as military bases, airports, and industrial facilities, and the entities that disposed of PFAS, such as landfills and wastewater treatment plants.
Some of the potential causes of action may include negligence, nuisance, trespass, strict liability, breach of contract, and violation of federal or state environmental laws. Potential remedies may include monetary damages, medical monitoring, cleanup costs, injunctive relief, and punitive damages.
However, pursuing legal action against PFAS polluters can be complex, costly, and time-consuming, and may involve multiple jurisdictions, statutes of limitations, and evidentiary issues.
Get More Information
- How Can I Find out if My Municipality’s Water Supply Is Contaminated With PFAS?
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The best way to determine if your water supply is contaminated with PFAS is to test it. You can contact your local environmental agency, or a certified laboratory, to conduct the testing.
You can also check the Federal Contaminated Sites Inventory website for a list of public water systems that have reported PFAS detections.
If you suspect that your water supply is contaminated with PFAS, you should notify your residents and advise them to use alternative sources of water for drinking, cooking, and brushing teeth, such as bottled water or filtered water.
Get More Information
- What are PFAS and Why Are They a Problem?
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PFAS are a group of synthetic chemicals that have been widely used in various industries and consumer products since the 1940s. They are also known as "forever chemicals" because they do not break down easily in the environment or the human body.
PFAS can contaminate drinking water sources, soil, air, and food, and can cause adverse health effects such as cancer, liver damage, immune system disorders, and developmental problems. They are regulated by the Environmental Protection Agency (EPA) under the Safe Drinking Water Act, but the current standards are not legally enforceable and may not be protective enough for public health.
Get More Information
- What are some examples of medical devices that have malfunctioned?
- Gluckstein Personal Injury Lawyers has launched claims on behalf of many clients who have experienced medical device malfunctions or failures, including numerous class action and mass tort proceedings. Some examples of medical device malfunctions we have investigated include: the DePuy Attune Knee System, the ExploR Modular Radial Head System, and the Advanced Bionics Cochlear Implant. Get More Information
- Should I participate in a class action or mass tort against the manufacturer of a recalled drug?
- An experience personal injury lawyer can explain the benefits and risks of participating in a class action lawsuit or mass tort if you a a member of an eligible class so that you can make an informed decision. Get More Information
- What is a mass tort action?
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Unlike class-action lawsuits, a mass tort action involves many injured parties against one or a few at-fault parties.
Mass tort actions are similar to class actions; however, a mass tort action treats each injured party individually, rather than as an injured group. It can be an efficient and cost-effective way to navigate the legal system for multiple parties experiencing the same or similar injuries.
Mass tort actions can focus in various areas of law, including personal injury, product liability and medical negligence.
Get More Information
- How can Gluckstein Personal Injury Lawyers help with your class action or mass tort?
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Class action lawsuits are lengthy and complicated. The most important objective of a class action is to help individuals pursue legal action against large entities, such as corporations or governments that have deep pockets and access to resources. By joining a class action, individuals are provided with an opportunity to seek a legal remedy for the alleged damages. The appeal for members who join a class proceeding may owe to the overwhelming importance of the issues in dispute.
There is nothing you have to do directly to join a class action. A court order defines the class action, and if you fall within the definition which is set by the court, you are automatically included, unless you decide you do not wish to participate in the suit.
If you would like to preserve your right to pursue an individual case, you must opt-out of the class action. There will be a limited window of time for you to opt-out, which will be indicated in the certification order, which is sent out after the proceeding is certified. However, be aware that once you have opted out, you are no longer entitled to any settlement, which may be given if the case is resolved.
Get More Information
- What is a Class Action Lawsuit?
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A class action is a type of civil claim brought by one or more individuals on behalf of a larger group, made up of class members.
Class action lawsuits are common where the same party injures a group of people in the same way.The interests of the group are represented by one individual known as the “class representative.” The class is treated as a group that was injured, rather than a group of individuals that were injured. Rather than having each person bring his or her own lawsuit, a class action allows the group to collectively sue the at-fault party to resolve the claims in a single legal proceeding.
Class action lawsuits provide an efficient way to litigate common issues. They can focus on multiple areas of law, including personal injury and product liability. By creating a group or class, class action lawsuits create power in numbers. A class action is a way to equalize the playing field against a large entity, and Gluckstein Personal Injury Lawyers is committed to advocating on your behalf.
Get More Information
- Do I have a choice in whether I participate in the Class Action?
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If the court decides that you fall within the definition of the alleged wronged parties who were affected by the negligence of a defendant(s), you are automatically considered to be in the Class Action. That said, you have the right to opt out of the Class Action if you choose to do so. There will be a limited period of time for you to opt out, and this will be indicated in the certification order sent out after the proceeding is officially certified by the court.
However, be aware that once you opt out, you are no longer entitled to be included in any settlement given to class members if the case is resolved.
Get More Information
- How can I protect myself and my rights during the Class Action process?
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While the suit is in progress, it is in your best interests to keep records any and all information and correspondence for the suit. We also advise that you keep records and appropriate documents which indicate any additional costs you have incurred as a result of your injury.
We also suggest that you do not have any further correspondence with the defendant(s) in the suit without first consulting your legal representative.
Get More Information
- Do I need to pay any fees to join a Class Action?
- There are generally no costs to our clients throughout the course of the suit’s litigation. We carry any associated costs throughout litigation. When the suit is resolved either through settlement or trial, our firm receives a fraction of the settlement to cover the costs we incurred during the process to reach resolution. This will be clearly explained by our lawyers during your initial consultation with us. Get More Information
- What do I have to do to join a Class Action?
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You don’t have to do anything directly to join a Class Action. The nature of the suit and the requirements for class membership are defined by a court order, and if you fall within the definition which is approved by the court, you are automatically included, unless you choose to not be involved in the suit or decide to pursue legal action on your own.
There may be a need for you to provide certain information if the Class Action is resolved in your favour, in order for you to receive your portion of the settlement.
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Case Studies.
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Workman Optometry Professional Corporation v. Certas Home and Auto Insurance Company, 2022 ONSC 597
This was a successful defence of a motion brought by the insurer defendants in a business interruption coverage class action. The defendant insurance companies sought an order staying the individual a...Get More Information -
Quenneville v. Volkswagen, 2016 ONSC 4607 (CanLII)
This was a contempt motion brought against a law firm and two lawyers arising out of a hotly contested class action carriage battle. All defendants were acquitted.Get More Information -
Katsoulakos v. Association of Professional Engineers of Ontario, 2014 ONSC 5440 (CanLII)
This was an appeal of a disciplinary panel’s findings of incompetence and professional misconduct in a discipline hearing where no defence evidence was tendered. Justice D. Brown, writing for the Divi...Get More Information -
Alleslev-Krofchak v. Valcom Limited, 2010 ONCA 557
Derek Nicholson and Megan Murphy were successful in winning a four week trial in the case of Alleslev-Krofchak et al vs Valcom, et al. The Plaintiffs were successful in recovering $100,000 in damages ...Get More Information
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Blog & News.
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Five Gluckstein Lawyers Share Insights on Law School Admissions, Career Path, and AI's Impact In Interview With Juris Education
Recently, five members of our Gluckstein Lawyers team participated in an interview with Juris Education. Simona Jellinek, Jordan Assaraf, Jan Marin, Emma Partridge, and Charles Gluckstein answered a s...Read Full Story -
Challenging Insurance Evaluations in Total Loss Collisions
The Gluckstein Lawyers Class Action and Mass Tort team recently joined Nova Scotia's Wagners Law Firm in a national class action lawsuit filed against the automobile insurance industry that is aimed a...Read Full Story -
Gluckstein Lawyers Featured in Post City Magazines' Top Toronto Lawyers 2024
We are thrilled to announce that Post City Magazines has recognized Charles Gluckstein, Richard Halpern, Jonathan Burton, Jan Marin, Jordan Assaraf, and Jessica Golosky in its listing of&nbs...Read Full Story -
Potential Link Between Pfizer’s Depo-Provera and Brain Tumours
Canadian women taking Pfizer's Depo-Provera or its generic version may have reason for concern that the contraceptive injection increases risk of brain and spinal tumours. Recent medical literature co...Read Full Story -
Were You Injured in a Onewheel Electric Skateboard Accident?
It may only be a matter of time before Canadians join a growing number of personal injury lawsuits that began in the United States involving Onewheel electric skateboards. The motorized skateboards, m...Read Full Story -
12 Gluckstein Lawyers Named in the 2025 Editions of The Best Lawyers in Canada™ and The Best Lawyers: Ones To Watch in Canada™
We are thrilled to announce that 10 of our esteemed lawyers have been named in the 2025 Edition of The Best Lawyers in Canada™ and 2 of our up and coming lawyers have been acknowledged ...Read Full Story
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Best Lawyers The Best Lawyers in Canada™ 2025 Since it was published in 1983, Best Lawyers® has become universally regarded as the definitive guide to legal excellence. Best Lawyers lists are compiled based on an exhaustive peer-review evaluation. We are honoured to have ten lawyers recognized. 2024
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