Introduction

AuthorHarvey T Strosberg, QC
Pages163-165
163
InTroduCTIon
Harvey T Strosberg, QC
In this issue of The Canadian Class Action Review, we highlight a few of
the excellent submissions we received for our 2012 Harvey T Strosberg
Essay Prize competition. Every year, we receive numerous submissions
for this prize, and every year we are excited and thrilled by the quality
of the submissions. It seemed a sh ame to only include the winning essay,
so this issue, like some past issues, also includes a few other essays that
were particularly well written and informative. Of course, in addition to
the Strosberg Prize submissions, we also have three additional articles
that focus on such topics as the real and substantial connection test,
limitation periods, and commencing a class action under the Securities
Act. We hope you enjoy this issue.
We begin with a short article about the merits of two contrasting
strategies for defendants faced with a motion for leave to commence a
class proceeding under the Securities Act for misrepresentation in the
secondary securities market. “Strategy for Defendants Facing a Leave
Motion to Commence a Class Action under the Sec urities Act,” written by
David Di Paolo and Margot Finley, looks at the following two strategies:
(1) don’t oppose leave, thereby saving costs and avoiding premature
discovery, or (2) vigorously contest leave with substantial evidence
demonstrating that the plaintiff’s claim has no reasonable possibility of
success.
Discussing the tension in reconciling class action principles with
the traditional principles underlying limitation periods, particularly as
it relates to the claims of absent class members, is a co-authored paper
by Jonathan Bida and Ga rth Myers. “Reconciling Limitation Period Pr in-
ciples with the Pur poses and Complexity of Ontario Class Proceedings”
explores the issues that arise when limitation periods are suspended
under class proceedings legislation, among others. The authors conclude
that these pr inciples do not conf‌lict and that traditional li mitation period
principles provide an interpretive lens for the resolution of limitation
period issues in class proceedings.
In “A Real and Substantial Look at Juri sdiction in the Civil and Class
Action Settings,” Shaun Finn and Gadi Taj look at the approach of the
CCAR 8-2.indb 1634/25/2013 3:10:32 PM

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