Current Class Actions

Pollock & Company is actively pursuing or investigating the following class actions:

Class proceedings are governed by The Class Proceedings Act of Manitoba, which came into force on January 1, 2003.  Pollock & Company was the first Manitoba law firm to file a proposed class proceeding under this legislation.  Our firm was also the first firm to certify a class proceeding in Manitoba under this legislation, in the Baycol class action case in conjunction with the Vancouver law firm, Klein Lyons.

A class proceeding allows two or more individuals to proceed under one claim against one or more defendants rather than having to file several individual claims against the defendant.
Before an action can proceed as a class proceeding, it must first be approved as a class proceeding by the Court of Queen's Bench. A motion for certification is filed by the plaintiffs. The court must certify a proceeding as a class proceeding if all of the statutory requirements under section 4 are met, namely:

1. the pleadings disclose a cause of action;
2. there is an identifiable class of two or more persons;
3. the claims of the class members raise a common issue, whether or not the common issue predominates over issues affecting only individual members;
4. a class proceeding would be the preferable procedure for the fair and efficient resolution of the common issues; and
5. there is a person who is prepared to act as the representative plaintiff who
   1. would fairly and adequately represent the interests of the class,
   2. has produced a plan for the class proceeding that sets out a workable method of advancing the class proceeding on behalf of the class and of notifying class members of the class proceeding, and
   3. does not have, on the common issues, an interest that conflicts with the interests of other class members.
      Once certified, the action can go forward as a class proceeding. The advantages of class proceedings to plaintiff are numerous. Three common purposes of class proceedings are judicial economy, increased access to the courts for plaintiffs and behaviour modification of the defendants for any potential wrongdoing.

If you believe that you have a claim that could be pursued as a class action, we would gladly discuss this with you. Please contact us by phone at (204) 956-0450, or email us at: mail@pollockandcompany.com

You may also complete and submit our convenient online Class Action Form.