Introduction

• Author: Harvey T Strosberg, QC
• Pages: 163-165

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 Pri ze competition. Every year, we receive numerous submissions

for this prize, and every year we are excited and t hrilled 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 additiona l articles

that focus on such topics as the re al 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 strateg ies:

(1) don’t oppose leave, thereby saving costs and avoiding premature

discovery, or (2) vigorously contest leave with substantial ev idence

demonstrating th at the plaintiff ’s claim has no reasonable possibilit y of

success.

Discussing the tension in reconciling class action principles w ith

the traditional principles underly ing lim itation per iods, par ticularly 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 issue s that arise when limitation period s 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 inter pretive 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

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