What is the impact of class certification on access to justice?

Nova Scotia, Canada


The following excerpt is from Elwin v. Nova Scotia Home for Coloured Children, 2013 NSSC 411 (CanLII):

In Seed v. Ontario, 2012 ONSC 2681, the court said, at para. 151: Access to justice and judicial economy are paramount concerns in this case and will be served by this action continuing as a class proceeding. An action of this kind will be extremely expensive to pursue. The documentary evidence will likely be extensive and time-consuming to collect and review. Expert witnesses will likely be retained in the course of the proceedings. Most individuals cannot afford to pursue litigation on this scale. Certification will ensure the class has meaningful access to justice. There is no feasible alternative procedure available for class members to pursue their claims.

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