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Class actions for historical sexual abuse cases open doors but pose challenges

Monday, November 20, 2017 @ 1:03 PM | By Loretta Merritt

Class action legislation developed as a result of a product liability case. The Class Proceedings Act in Ontario provides an effective procedure to obtain a remedy for a product liability claim that affects many people, particularly where the individual claims are small compared with the significant cost of legal fees in a lawsuit.

More recently, there have been several cases in which class actions have been certified for claims arising out of historical sexual abuse and, in particular, sexual abuse claims against private schools, religious organizations...