What is a Representative Plaintiff?
Before a class action can be certified, the court must approve the person (or persons) who plan to act as the Representative Plaintiff on behalf of the entire class.
In determining whether the proposed representative is adequate, the Court will to consider:
- The motivation of the Representative Plaintiff; and,
- The competence of the representative’s counsel.
The proposed representative does not have to be “typical” of the Class, nor the “best possible representative”. But the Court must be satisfied that the proposed representative will vigorously and capably represent the interests of the Class.