Towards a trauma-informed approach: adapting class action procedure for survivors of sexual abuse

• Author: Sydney McIvor and Brittany Town
• Position: A 2021 graduate of Osgoode Hall Law School, Sydney McIvor is currently completing her articles as a Judicial Law Clerk at the Ontario Superior Court of Justice/First-year associate in the litigation group at Blake, Cassels & Graydon LLP
• Pages: 23-52

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Towards a Trauma-Informed Approach: Adapting

Class Action Procedure for Survivors of Sexual Abuse

Sydney McIvor and Brittany Town

: Civil procedure for survivors of sexual abuse seeking damages

is frequently criticized for its insensitivity to the needs of survivors. Class

actions are often pointed to as a less harmful alternative. A review of the

jurisprudence of sexual abuse class actions demonstrates how courts’

thinking on the issue has evolved over the past two decades and gives

clues as to where these actions are headed. This paper explores the experi-

ence of class action procedure from the perspectives of both representa-

tive plaintif‌fs and general class members. The needs of these two groups

can at times conf‌lict and lead to problems. There are also inherent issues

that arise from the individual experience of trauma being litigated on

aggregate. Based on the review of these experiences, this paper makes f‌ive

key recommendations on ways class action procedure can be amended in

the context of sexual abuse actions to accommodate the needs of surviv-

ors and otherwise be more trauma informed.