In this is sue, we are pleased to bring our readers some wonderful ar ticles
that contain intere sting and thought-provoking ideas. As always, the issue
includes a wide range of topics, from discussions on microagg ressions
and class actions, to the possible relationship bet ween tobacco litigation
and pharmaceutical litigation. We hope you f‌ind these articles to be a
brief respite from your busy day.
Sociologists believe that there is a transformation currently taking
place in the West from a culture of dign ity to a culture of victimhood.
Rather than relying on reasoned debate to resolve important differences,
there is a growing tendency to complain about, publicize, and punish
minor, sometimes subjective, offences (called “microaggressions”). In
“Class Actions as a Bridge between Cultures of Dignity and Victimhood,”
author Shaun Finn argues t hat class actions have become a prevalent form
of litigation in Canad a precisely because they have characte ristics of both
dignity and victim culture. This dua lity helps to explain why it is likely
that class act ions will play an ever-ex panding role as an instrument of
compensatory and “social” justice.
Mathew P Good’s article, “Intervenors a nd Class Proceedings — Not
Welcome at the Party?” begins with the statement t hat class proceedings
are often high-prof‌ile cases, with important legal, social, and practical
consequences. In thi s way, the author believes they re semble other kind s
of test-case or public interest litigation, like constitutional challenges.
Unlike those ty pes of cases, however, class proceed ings attract intervenors
with less frequency and with more uncertain results. The author reviews
the existing jurisprudence on inter ventions by and in clas s proceedings,
identif‌ies recur ring themes and outcomes, and highlight s the key judicial
reasoning. The article closes by outlining a pr incipled approach to ad-
dressing inter ventions in class proceedings and by class representatives.
In “Secondary Market Liability in Ontario: Interpreting the Le ave
Test Before and After Theratechnol ogies,” Denisa Mertir i explores the
courts’ historic al application of the leave test, the challenges to s econdary
market class actions that the test creates for litigants, and the ways t hat
the test may be applied in future cases to prevent such challenges based

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