Glossary

• Author: Suzanne Chiodo
• Pages: 231-233

231

GLOSSARY

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