AuthorHarvey T. Strosberg, Q.C.
Harvey T. Strosberg, Q.C.
The essays in this issue of the Canadian Class Action Review cover a range of
topics reflecting recent developments in the area of class actions, includ-
ing the new amendments to the Ontario Securities Act under Bill 198. The
analyses provided by the authors of this collection are thought-provok-
ing, informative, and forward looking.
Craig Jones and Angela Baxter review the decisions in three recent
cases involving settlements in foreign jurisdictions (Currie v. McDonald’s,
Lépine v. Canada Post, and HSBC v. Hocking) and consider the implica-
tions of these decisions for the interjurisdictional class action in Canada.
They argue that these decisions establish an unnecessarily high bar for
the enforcement of class claims and do not give sufficient weight to the
inherent advantages of interjurisdictional classes, particularly the fact
that recovery will be greater for plaintiffs in a class consisting of more
members. In her paper, Celeste Poltak also considers the issue of jurisdic-
tion, contending that a full faith and credit analysis should apply to the
recognition and enforcement of provincial class proceedings judgments
purporting to bind non-residents. The application of such an analysis, she
argues, would operate to ensure a higher degree of consistency amongst
sister provinces and reduce the current sibling rivalry with respect to
Philip Anisman and Garry Watson’s paper offers a comparison
between class actions in Canada and the U.S., focusing on certification,
fee-shifting, and securities class actions. They examine Canadian and
U.S. certification requirements and consider whether Canada has less
restrictive requirements than the U.S., particularly in Quebec. In their
discussion of fee-shifting, they outline the three different costs regimes
in Canada and the forms of public funding for class action litigation
plaintiffs that exist in Ontario and Quebec. Finally, Anisman and Watson
provide an analysis of securities class actions in Canada which includes a

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