AuthorHarvey T Strosberg, QC
Welcome to a new year and new issue of the Canadian Cla ss Action Review.
As always, we are pleased to present our readers with a number of well-
written and intere sting articles. This issue features the winning sub-
mission from t he 2015 Harvey T Strosberg e ssay prize competition, along
with two other highly raked entries. Additionally, among the other f‌ine
articles, we are excited to include a follow-up article to a paper we pub-
lished in CCAR 7.1 (2011). Thus, without further adieu, let us brief‌ly
introduce the article s featured in this issue.
The 2015 Harvey T Strosberg essay pr ize-winning paper was submit-
ted by Lauren Pearce. In “Catch and Relea se: Class Actions a nd Solvent
Third Parties under t he CCAA,” she considers a number of the important
policy issues raised by third party release s, particularly where they pur-
port to foreclose or settle tenable cla ss actions. She argues that the CCA A
releases determ ining liability on a non-opt-out basis, coupled with the
remedial purpose of the CCAA in facilitating swift and effective corpor-
ate restructur ings, suggest that class action defendants w ill be strongly
incentivized to h ave the claims against them resolved in this manner.
The paper states that third party releases are clearly here to stay, and
offers specif‌ic, practical lessons for plaintiffs’ counsel seeking to realize
favourable outcomes under the CCAA.
Regan S Christen sen’s article, “No Right Without a Remedy? The
Potential Role of Class Actions in Police Accountability and Defending
Charter Rights,” was a highly ranked entry i n the aforementioned essay
competition. His paper discusses the role that class actions could poten-
tially play in strengthening police accountability and in compensating,
denouncing, and deterring v iolations of Charter rights. He begins w ith an
exploration of how civil litigation has driven police reform in t he United
States and the bar riers preventing civ ilians from seeking similar redress
in Canada, and concludes by considering the two major police account-
ability certif‌ication motions that have been heard thus far in common
law Canada. The paper then discusse s the implications the se decisions
may have for the future use of cl ass actions to strengthen police account-
ability and defend Charte r rights.
ccar 11-2.indb 167 3/8/2016 2:27:20 PM

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