AuthorHarvey T Strosberg, QC
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
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
CCAR 8-2.indb 163 4/25/2013 3:10:32 PM

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT