Group proceedings

This chapter is concerned with traditional representative proceedings and class actions asfurther procedures, in addition to joinder, for the grouping of claims. The purpose of group proceedings is to foster access to justice, reduce delay and constrain costs. The traditional representative proceeding does this by permitting a person to represent agroup of plaintiffs or defendants having the same interest in the litigation. The class action extends the traditional representative proceeding by having a single representative plaintiff represent the interests of group members who have the same, similar or related circumstances, raising substantial factual and legal questions to be determined. Mass production and the distribution of goods increases the risk of injury, loss or damage on a mass scale involving potentially small amounts for each claimant — such litigation without a class action would be uneconomic. Class actions by aggregating group members helps overcome cost barriers and promotes access to justice by providing a consistent solution with the least possible delay and impact on court schedules.