Introduction

• Pages: 123-124

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INTRODUCTION

In this issue, we are once again publishing our Strosberg Prize winning

paper, along with two other Strosberg Prize submissions that stood out

to the judging panel. Accompanying these papers are articles that range

in topics from class actions surrounding the CHL to class actions sur-

rounding tobacco products. We are also particularly pleased to be able

to include a book review that looks at class actions in different contexts.

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

commentary.

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

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

A Case Study on the Proposed Canadian Hockey League Class Action,”

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

ees because it is a more discreet option in terms of workplace politics,

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

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

def‌ines Canada’s culture and identity.

Natalie Kolos’s Strosberg submission, “Deterring Compensation: Class

Action Litigation and Damage Awards Against Corporate Defendants,” also

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

unique nature of the class action renders large damage awards counter-

productive in achieving deterrence and compensation, particularly

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

is not the primary aim in one particular case, the Létourneau decision

illuminates a paradox of compensatory damages: that they are not truly

compensating. She explains how while the plaintiff “won” the action,

it also “lost” in another sense. The class action, at least in this circum-

stance, is just deterring compensation.

Rounding out our Strosberg submissions is Sarah Kettani’s “Class

Actions, Punitive Damages and Decreasing Consumption of Tobacco

Products.” Kettani’s paper comes to a different conclusion than 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 class action proceedings can play a role in decreasing demand for