Introduction

• Author: Harvey T Strosberg, QC
• Pages: 223-225

223

INTRODUCTION

Each year, the second issue of the Cana dian Class Action Review features

the winner of the Strosberg Essay Prize contest, and thi s issue is no

exception. The winner of the 2013 Strosberg Prize was Jacob Damstra,

and we offer him a hearty congratulation. There were some additional

Strosberg Prize submissions that impressed the judges, and they have

also been included in this issue.

Besides these Strosberg Prize papers, this issue also features some-

thing that we are del ighted to include: a postscript to an article that ap-

peared in issue 9.1. Jennifer Pocock’s piece in this issue is a follow-up

to a case that she wrote about for a previous issue. We encourage other

authors to follow her lead and send us relevant updates to their previous

articles if they so desire.

Jacob Damstra’s Strosberg Prize-winning paper looks at the case

against Anvil Mining Limited. In “Foreign Classes Bringing Canadian

Actions: Lessons from the Case against A nvil Mining Limited,” he states

that while the purposes of class proceedings and rules regarding class

certif‌ication appear supportive of the notion of a foreign class settling

an international dispute in Canada, these case s (such as the one against

Anvil Mining Limited) face steep obstacles in the civil and common law

rules of jurisdiction. His paper is an overview of the important issues

surrounding these ideas.

In June 2012, the Ontario Court of Appeal released three decisions

regarding the cert if‌ication of overtime cla ss actions. In each of the three

cases, the court revisits the application of the certif‌ication test set out in

section 5 of the Class Proceedings Act. By reviewi ng the court’s judgments,

Elba Bendo’s article, “Paving the Way for Overtime Class Actions,” aims

to develop a framework that can be used to enable the certif‌ication of

overtime class actions.

“Salmon, Jobs, and Community: Re conciling Mas s Claims, Individu-

ality, and Aboriginal Collectives after the Kwicks ut aineuk /Ah- Kwa-M ish

First Nation Case” aims to address some of the challenges with the mod-

ern law of Aboriginal class and repre sentative actions and provide a

practical sy nthesis of th at law. Author Steve Carey has written for people