Introduction

• Author: Harvey T Strosberg, QC
• Pages: 1-2

1

INTRODUCTION

Harvey T Strosberg, QC

In this edit ion of The Canadian Class Action Revie w, our thoughtful au-

thors take readers f rom a history of clas s actions, to a look at class ac-

tion justif‌ication after t wenty years; from the us e of matrix settlements

in Canadia n class actions, to an appellate review of certi f‌ication orders

in Canada. These t alented writers of fer an analysis of cert if‌ication deci-

sions in semina l cases, a look at the court s’ more liberal approach to the

admission of relevant ev idence at the authorization stage, and f‌in ally, an

exploration of how waiver of tort may affect class action law.

In this is sue’s f‌irst paper, “A History of Clas s Actions: Modern Les-

sons from Deep Roots,” Michael Eizenga and Em rys Davis trace the de-

velopment of the class action from its root s nearly 1,000 years ago to

the class action t hat exists tod ay. The authors look at how class actions

are important procedur al tools that often enable ind ividuals to achieve

justice while also t aking into account the ongoing inter play between the

courts, legislat ures, and regulator y agencies.

Brian Smith under takes a critical an alysis of the goals as stated by the

Ontario Law Reform Commission’s Report on Cla ss Actions and uncovers

areas of conceptual and potent ial practical weaknes s in his article, “Class

Reunion: Revisiti ng Class Action Justi f‌ication After Twenty Years.” This

analysis sug gests some viable star ting points for future stud ies of class

actions that can con f‌irm and improve their us efulness in Ca nadian so-

ciety. The author discusses how many val id criticisms h ave been raised,

which suggests th at studies of Canadi an class action s and their results

should be undertaken to ens ure that the clas s action maintain s a useful

and benef‌icial role in Can ada.

Sara Erskine’s art icle, “The Use of Matrix Settlements i n Canadian

Class Actions,” provides an intere sting look at the matri x distribution

model for class action settlement s. This settlement model ca n be used for

determining compen sation levels for complex class actions where claim-

ants have vary ing degrees of loss or d amage. The paper also considers

the need to appoint an exper ienced claims administr ator with the requi-

site experti se to apply the matrix a nd make determin ations regarding a