Introduction

• Pages: 123-124

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INTRODUCTION

In this is sue, we are once again publishing our Strosberg Prize wi nning

paper, along with two other Strosberg P rize submis sions that stood out

to the judging panel. Accompany ing these papers are articles th at range

in topics from class act ions surrounding the C HL to class actions sur-

rounding tobacco products. We are also par ticularly please d to be able

to include a book review that looks at cl ass actions in di fferent contexts.

Please enjoy this, our late st issue of quality writing a nd thought-provoking

co mm en ta r y.

Yaroslavna Nosikova is t he recipient of the 2016 Strosberg Prize. Her

paper, “Is Class Action a Preferable Remedy for Independent Contractor s?

A Case Study on the Propose d Canadian Hockey L eague Class Act ion,”

argues that a cl ass action is a preferable remedy for misclassif‌ied e mploy-

ees because it is a more d iscreet option in terms of workplace pol itics,

and it offers the hope of systemic cha nge. The paper concludes with a

discussion on how the CH L class action will shape hockey, the sport that

def‌ines Canad a’s culture and identity.

Natalie Kolos’s St rosberg submi ssion, “Deter ring Compe nsation: Cl ass

Action Litigation and Damage Awards Aga inst Corporate Defendant s,” also

scored high marks f rom the judge’s panel. This paper argues that the

unique nature of the cla ss action renders large dam age awards counter-

productive in achieving deter rence and compensation, part icularly

against corporate defenda nts. She goes on to posit that even if deterrence

is not the primar y aim in one part icular case, t he Létourneau decision

illuminates a p aradox of compensatory dam ages: that they are not tr uly

compensating. She expla ins how while the plai ntiff “won” the action,

it also “lost” in another sense. The cla ss action, at least in th is circum-

stance, is just deterr ing compensation.

Rounding out our Strosberg submis sions is Sarah Kett ani’s “Class

Actions, Punitive Dam ages and Decreasing Consumption of Tobacco

Products.” Kettani’s paper comes to a different conclusion tha n that pre-

sented in Kolos’s paper. Kettani argues t hat, in light of the Superior Court

judgment in Létourneau, awards of pun itive damages against tobacco com-

panies in cla ss action proceedings can play a role in decreasing dem and for