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Old 06-06-2016, 01:55 PM
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Default Costs in class action suits

Random question:

If the defendants of a class action suit win, who pays their costs?

1) The lawyers for plaintiff?
2) The representative plaintiffs?
3) The defendant is out of luck and can't recover costs
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Old 06-06-2016, 02:40 PM
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Originally Posted by Janus View Post
Random question:

If the defendants of a class action suit win, who pays their costs?

1) The lawyers for plaintiff?
2) The representative plaintiffs?
3) The defendant is out of luck and can't recover costs
"One of the main benefits of taking part in a class-action is that the plaintiffs do not personally assume the financial risk of the litigation process."

Thinking of joining a class action lawsuit? Know your options - The Globe and Mail

Quote:
What happens if a Class Action is lost?

Canadian law often requires that a losing party in a lawsuit pay a portion so the winning parties legal costs. This is a risk present in any lawsuit, including a class action. However, in a class action only the representative plaintiff bears this responsibility and so it is important that the representative plaintiff discusses these risks in advance. Generally, class members are not required to bear the risk of costs and then our legal fees are dealt with on a contingency basis.
https://www.thomsonrogers.com/practi...s-action-faqs/
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Old 06-08-2016, 12:47 PM
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Class action cases can be very large and expensive, making the representative plaintiff shoulder the cost risks seems crazy. If ever I have the misfortune of being involved in something like that I'll let somebody else take the lead
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Old 06-09-2016, 10:15 AM
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Class action cases can be very large and expensive, making the representative plaintiff shoulder the cost risks seems crazy. If ever I have the misfortune of being involved in something like that I'll let somebody else take the lead
Agreed. I was stunned to see how it worked. I would have to have a clear case to foot the bill like that as the representative plaintiff.
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