AuthorHarvey T Strosberg, QC
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

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