said by JMJimmy:Depends on joinder. If joinder is permitted it's 100-5,000 x number of joined defendants for the $1,200 investment. If joinder is not permitted then it's $120 x number of defendants x number of times filed for $100-5000 per defendant.
However, in Canada it doesn't work the same way as the US. Our courts system is much smaller and isn't as easily abused.
on this type a suit in canada COULD have a mass lawsuit BUT Must apply to make it so....and thats up to the judge and i cold find no such case law or examples of copyright joinder for mass lawsuits like this cause no one has tried i suppose?....so
its not the usa
ontario quebec and bc have the most types a class actions and this is not listed ....enjoy....
that's if it were small clams ---120 just to file and if judge awards you and your lawyers costing you per day about 3 grand
you show up and ill ask you what if all 2300 want to be hear din court , law states they have the right
2300 half days
1150 days ?
at 3240 per day to get 100-5000 back that's awful risky business on non commerical and when this was files as commercial and it isn't and cant be proven....the joinder issue is moot.
btw its the provincial courts that do class action lawsuits perhaps someone needs to teach a lawyer WHERE TO FILE.They have filed for federal courts.One might argue that by doing so they cant mass sue people.BUT then they might at least be heard about there commerical aims bit which should still fail .
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en.wikipedia.org/wiki/Cl ··· n#CanadaOH BUT in may we had a decision that raises the bar on cases of class action and if you look down a bit to this section you will see the following which may apply to this type a case
The claim failed to specify which of the four corporate defendants had committed which impugned acts. Instead it improperly conflated them all as one entity, such that no defendant had sufficient information to know the acts alleged against it.
- does the ip address specifiy for sure it was a specific person?
THEY also to get class action status according to this ruling need to show evidence that these ips did the same thing....
The plaintiffs failed to provide sufficient evidence that "two or more" persons asserted the common claim. The Court cited an absence of evidence that others who had taken the drug were interested in pursuit of the claim. In any case, the class was defined too broadly in that it was not limited to any time period.
my example here would be if IP A downloaded 20% of file 1 , that is nto same as IP B downloading 30% of file 3 and so on...
also all i see is provinces that allow for class actions NOT federal courts...they filed in federal court for this information on mass to sue on mass .....i see no federal judge ever certifying them....and whatever province does do it usually would then make them all in one place....that might also fall under cruel and unusal punishment charter violation to do if a disabled ontario person cant afford to travel to defend themselves ....and thus is penalized more harshly then otherwise would happen..if at all saying they might even be innocent.