How to join a class action lawsuit in Canada: Steps, rights and payouts

Strength in numbers is more than just a saying when people join a class action lawsuit in Canada. When one person steps forward, many others follow the same path. This article walks you through each step if you want to join a class action lawsuit. For more information on these steps, you can also reach out to a Lexpert-ranked class action lawyer.

What are the steps in joining a class action lawsuit?

Here are the steps to take to join a class action lawsuit in Canada:

1. Check if a class action already exists
2. Contact the class action lawyer or law firm
3. Join the class action by opting in (or opting out if withdrawing)

We'll discuss these steps below. You can also use the table of contents above to skip to a specific step.

1. Check if a class action already exists

The first thing to do is either look online or ask a class action lawyer if there's an existing class action for your claim. Lawyers or law firms will usually look at the national class action database and other online searches to see if a class action has already been started on the same facts.

What happens next depends on the results of this search:

• if no class action exists: you'll have to start from scratch, and bring a class action yourself, such as becoming its class representative; check out our article on how to start a class action lawsuit for this
• if a class action exists: you may be able to participate as a class member in that proceeding instead of starting something new; you may then proceed to the following steps discussed below

In any case, you can also watch this video to learn more about how to join a class action lawsuit in Canada:

Want to start or join a class action lawsuit? Consult first with any of the best class action lawyers in Canada as ranked by Lexpert.

2. Contact the class action lawyer or law firm

One way of joining a class action in Canada is to contact the lawyers or law firm handling the case. They can guide you on your next steps to join the existing lawsuit and update you on what has happened in the case so far.

To become a class member, you must usually register through that law firm or the class action's website. You must provide your contact details and basic claim information, so that you can receive direct notices about the trial outcomes, settlements, and deadlines.

Case in point: The CQTS-Blais class action

The CQTS-Blais is a tobacco class action and is one of the cases which awarded the largest compensatory damages in Canada. To join this class action lawsuit, you can either:

• contact Trudel Johnston & Lespérance (TJL), which is the law firm representing the plaintiffs in this case, or
• register through the website of the tobacco class action, until August 31, 2026, which is the end of the claims period

After registration, you will be assessed according to the conditions for compensation set by this class action if you:

• developed a tobacco-related disease, or
• represent someone who died due to a tobacco-related disease

Here, you can see that class action lawyers and law firms are active in these cases, not just when prosecuting claims, but also in informing people about how to join a class action lawsuit.

3. Join the class action by opting in (or opting out if withdrawing)

After the court certifies or authorizes the class action lawsuit, the class will be defined and a notice to the public is issued. Aside from the act of registering for that class action, you also have to consider whether you're in an opt-in or opt-out jurisdiction.

Class members will be identified through the "opt in" or "opt out" legal process. The court will also identify the "representative plaintiff" who will be class members' representative.

Opt-out jurisdiction

In Ontario and most other provinces, class actions run on an opt out system. It means that anyone who fits the class definition is included automatically, unless they take steps to opt out by the deadline in the court order.

• if you do not opt out: if you stay in the class action, you will be bound by the judgment or settlement in that case, and you may be eligible for compensation
• if you opted out: you will keep the right to bring your own case, but will not share in any class settlement or award in the class action

Some individuals who opt out usually prefer filing a separate lawsuit apart from the class action.

Opt-in jurisdiction

Other provinces, such as Newfoundland and Labrador and New Brunswick, follow the opt in system, where individuals within the same class must opt in to join the class action lawsuit. In this system, it is assumed that you have waived your right to join the class action if you did not opt in.

Public notification to join a class action lawsuit

The process of joining or opting out of a class action lawsuit is stated in the certification order or in the notice of certification released by the court or the representative plaintiff. The deadline for opting in or out will also be stated in this notice.

Although this may depend on your province's law on class proceedings, there are common ways of being notified regarding a class action, such as:

• personal notification through mail or e-mail
• notification through a group within the class
• by publication or advertising
• by other means as ordered by the court

Here's another video that explains how to join a class action lawsuit:

Looking for a law firm to help with your class action? Head over to our directory of the Lexpert-ranked best law firms for class actions in Canada.

Case in point: Indian residential schools

The Indian Residential Schools Settlement Agreement (IRSSA) is a result of the largest class action lawsuit in Canada. Its period to opt out began in March 2007 after a court notice was issued; the opt out period ran for 150 days.

Individuals who did not want to join the class action used the Opt Out Form to formally remove themselves from the lawsuit. By the deadline in August 2007, everyone who did not opt out was then automatically joined in this class action.

What happens next after I join a class action lawsuit?

After becoming a class member, you must keep relevant records as directed by your class action lawyer. This may include receipts, contracts, or medical and pharmacy records, in case those are needed for a claim.

When a settlement or judgment is ready to be distributed, the next process in a class action will continue:

• the court usually sets a deadline for claim forms, which you fill out
• you must show, through the form, that you fall within the defined class
• the administrator will then calculate your payment out of the settlement fund

However, a settlement may occur at almost any stage of the proceedings after you joined the class action. Settlement can happen before certification, after certification, during discovery, or even after a common issues trial, but must be before appeals are finished.

How many people can join a class action lawsuit in Canada?

The number of people required to join a class action in Canada depends on the court. There is no strict rule on a specific number for a class action to proceed, since it depends on the circumstances of each case. The important thing is that the persons joining the class action have common issues and valid claims against the defendant.

Who gets the most money in a class action lawsuit in Canada?

The amount that you receive if you join a class action will depend on the court or the settlement reached. Several factors are considered, such as the severity of your injury and the amount awarded by the court or agreed on in a settlement.

Lawyers' fees in class actions

In class actions, both the award and lawyers' fees must be just and equitable. Lawyers' fees must also be approved by the court, which will determine whether such fees are fair and reasonable.

One advantage in joining a class action is that the lawyers' fees are usually arranged on a contingency basis by the law firm or the representative plaintiff. It means that it will only be due if the lawsuit is won.

On the other hand, the notice of certification may also include a solicitation of contributions for the lawyers' fees, but only when it is approved by the court.

Join a class action lawsuit: Choosing the right next step

For someone considering whether to join a class action lawsuit, the next move does not need to be a leap in the dark. A short call or email to an experienced class action lawyer can clarify if there is already a certified case, or if a new proceeding might make sense. A Lexpert‑ranked class action lawyer can also explain what role fits you best, whether as a representative plaintiff or as an ordinary class member.

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