AuthorSuzanne Chiodo
aggregate damages. Damages can sometimes be determined without ref-
erence to the individual class members’ discrete claims. This can occur
when the defendant’s liability has been established and some or all class
members are entitled to monetary relief, and it is possible to calculate
the totality of the harm caused by the defendant. In this situation, an
“aggregate damages” award can be made to the class as a whole, which is
subsequently apportioned among the class members.
certif‌ication. Many (but not all) jurisdictions have a certif‌ication require-
ment for class actions, where a motion must be brought for court approval
of the action as a class proceeding. Certif‌ication can be a controversial
issue, as it imposes on class actions a requirement that is not imposed on
ordinary proceedings. The certif‌ication stage generally requires that sev-
eral criteria be met. In some jurisdictions, this includes an assessment of
the merits of the action, while certif‌ication in other jurisdictions is solely
a procedural hurdle.
class, class members. The group on whose behalf a class action is brought
is generally def‌ined in the statement of claim (for example, “all Canadians
who ingested drug X between 2012 and 2016”), and the individuals in this
group are known as “class members.”
class proceeding. An action or application brought on behalf of a group
of people (the class), which claims that this group has been af‌fected by the
actions of one or more defendants. For the purposes of this book, “class

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