Introduction

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

1

INTRODUCTION

Harvey T Strosberg, QC

In this edition of The Canadian Class Action Review, our thoughtful au-

thors take readers from a history of class actions, to a look at class ac-

tion justif‌ication after twenty years; from the use of matrix settlements

in Canadian class actions, to an appellate review of certif‌ication orders

in Canada. These talented writers offer an analysis of certif‌ication deci-

sions in seminal cases, a look at the courts’ more liberal approach to the

admission of relevant evidence at the authorization stage, and f‌inally, an

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

In this issue’s f‌irst paper, “A History of Class Actions: Modern Les-

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

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

the class action that exists today. The authors look at how class actions

are important procedural tools that often enable individuals to achieve

justice while also taking into account the ongoing interplay between the

courts, legislatures, and regulatory 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: Revisiting Class Action Justif‌ication After Twenty Years.” This

analysis suggests some viable starting points for future studies of class

actions that can conf‌irm and improve their usefulness in Canadian so-

ciety. The author discusses how many valid criticisms have been raised,

which suggests that studies of Canadian class actions and their results

should be undertaken to ensure that the class action maintains a useful

and benef‌icial role in Canada.

Sara Erskine’s article, “The Use of Matrix Settlements in Canadian

Class Actions,” provides an interesting look at the matrix 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 varying degrees of loss or damage. The paper also considers

the need to appoint an exper ienced claims administrator with the requi-

site expertise to apply the matrix and make determinations regarding a