AuthorHarvey T Strosberg, QC
This issue of the Canadian Class Action Revie w opens with a paper of
unusual length — at least twice as long as most of our papers. We then
move right along to papers about class communications, carr iage, and
two papers that look at Quebec class actions, among other topics.
We thoroughly enjoyed the variety — both in topic and in word count
— and we hope that you do as well.
Andrew Roman, Jonathan Heeney, and Hassan Ahmad have co-
authored a fascinati ng paper that analyzes the Canadian and, to a lesser
degree, the US class act ion experience, from the perspective of achiev ing
the economic purpose of cla ss actions. “Class Actions in Canada: Con-
f‌licting Purposes and Unpredictable Outcomes” takes aim at the three
specif‌ic purposes that are often attr ibuted to class actions — acce ss to
justice, behaviour modif‌ication, and judicial economy — and states that
individually, class actions have only one purpose: to make it economi-
cally feasible to recover damages that, but for class proceedings, would
be non-recoverable in individual legal procee dings. To be able to improve
the class proceedings system, judges and legi slators must understand
and accept the economic purpose of class proceedings.
In “‘An Unassailable Right to Speak’: Class Communications, Opt-
out Rights, and the Class Proceedings Act,” Bevan Brooksbank looks at
the 1250264 Ontario Inc v Pet Valu Canada Inc case. The author states
that the case speaks to the ev identiary onus th at must be met for relief,
as well as the responsibilities of counsel i n responding to class commu-
nications. The decision poses the general question of how the CPA deals
with conf‌lict within a class, particularly where class members share a
f‌inancial interest with the defendant. The author then places Pet Val u
in the context of the jurisprudence that has developed concer ning class
Timothy Morgan explores one of the most signif‌icant decisions in
a class action that can come long before any ruling on certif‌ication:
the decision on carr iage. “Who Takes the Reins? Carr iage in Canada
Over the Last Decade” discusses how, recently, Ontario courts have de-
cided several high-prof‌ile cases on carri age that have better clar if‌ied the
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