AuthorHarvey T. Strosberg, Q.C.
The articles in this edition of the Canadian Class Action Review are by
a distinguished group of contributors and encompass a diverse range
of issues. Topics covered include: class certification in foreign jurisdic-
tions, securities class actions, approaches to adverse costs, examination
of judicial jurisdiction in the Indian Residential schools settlement, and
neighbourhood annoyances, amongst others.
The first article in this collection, written by John Brown, explores
the risk that certification judgments of worldwide classes will not be
approved in foreign jurisdictions, particularly in Europe where most
countries do not have class action legislation. The author recom-
mends judicial caution in certifying worldwide classes and presents the
Guidelines for Recognizing and Enforcing Foreign Judgments for Collective
Redress: A Report of the International Bar Association Task Force on
International Procedures and Protocols for Collective Redress as a means
for foreign courts to assess the unique characteristics of class action
judgments against known criteria. It is hoped that the Guidelines, which
appear in their entirety as an appendix to the article, will soon become
universally accepted.
In the second article, Shaun Finn and Jonathan Ostrega survey three
emerging hot spots in the Canadian class actions context: class-wide arbi-
tration, securities class actions, and multi-jurisdictional class actions. In
their treatment of class-wide arbitration the authors examine its history
in American jurisprudence and its potential for use in British Columbia,
Ontario, and Québec, ultimately arguing that current Canadian juris-
prudence reveals that the judiciary of each province is understandably
reluctant to transfer its authority to arbitrators. In the second part, the
paper analyzes how the current law deals with securities class actions in
the United States, common law Canada, and Québec. The Sarbanes-Oxley
Act, Ontario’s Bill 198, and Québec’s Bill 19 are all examined to compre-
hend how the appropriate legislation impacts plaintiffs and defendants

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