Introduction

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

1

INTRODUCTION

Harvey T Strosberg, QC

The Cana dian Class Action Review’s f‌irst issue of 2012 is a collection of

excellent papers on such varied t opics as consumer protection, secu rities

regulators, the Can adian Bar As sociation’s Judicial Protocol, and more.

The f‌irst paper of this issue provides readers with an opportunity to

brush up on their French skills, if necessar y. In Pierre-Claude Lafond’s

essay « Le recours collect if et la Loi sur la protection du consommateur :

complicité, utilité, complémentarité » we read about how class actions

and consumer law align to help protect consumers. As the author states

in his abstract, “Collective problems need collective solutions,” and class

actions have evolved to signif‌icantly contribute to this area of collective

consumer protection in high-level courts.

In “Necessary Analysis — Unexpected Outcomes,” Art Linton looks

at Silver v Imax and Sharma v Timminco as c ases that raised new ques-

tions about the necessity and the workability of underlying leg islation.

The paper then goes on to look at Fischer v IB Investment Managemen t Ltd,

where the balance is re set between securit ies regulators and the courts

— but in a way that could have an impact on other reg ulators in other

industries.

Next up is “National Class Actions in Canada: Yet Another Call for

Clarity and Coordination,” by Joseph Marcus. This paper examines the

challenges of national class actions by providing background on Can-

adian class actions and looking at their underly ing policy rationales. It

also delineate s the key practical and constitutional i ssues associated wit h

permitting n ational class actions, and concludes by review t he Canadian

Bar Association’s Judicial Protocol.

In “From Edmonds to Campb ell: A Principled Basis for Pre-Certif‌ica-

tion Costs,” Brian J Smith highlights the differences in approach to cost

protections by undertak ing a critical analysis of the historical develop-

ment of various “no-costs” inter pretations in Canadian jurisdictions. He

does this in order to — and in hopes of — drawing out an underly ing

set of principles. He concludes by looking at the legi slative intent that

provides the foundation for the various class action regimes.