Introduction

• Author: Harvey T. Strosberg, Q.C.
• Pages: 401-403

401

introduction

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

jurisdiction.

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