Class Members Cannot Appeal Settlements

In Bancroft-Snell v. Visa Canada Corporation, 2019 ONCA 822, a five-member panel of the Court of Appeal confirmed that an individual member of a class action does not have the right to challenge settlement approval orders by way of appeal.

The Court of Appeal stated that class members who do not choose to opt out of a class proceeding are bound by the outcome. A settlement of a class proceeding that is approved by the court binds all class members.

The Court of Appeal stated that permitting a class member to appeal a settlement would introduce uncertainty into the negotiation and approval of class action settlements, undermine the authority of the representative plaintiff and class counsel, and impede settlement.