Introduction

• Author: Harvey T. Strosberg
• Pages: 1-3

1

INTRODUCTION

Welcome to issue 17.1 of the Canadian Class Action Review. This issue

addresses important topics including racial prof‌iling in the Canadian

police force and the alleged abuse in long-term care facilities during the

COVID-19 pandemic. Some other topics are settlement releases, class

counsel compensation, and philosophical questions related to class actions

such as the implications of “meaningful screening” and the extent to

which class actions actually achieve access to justice.

The issue begins with a review of Class Actions in Privacy Law, edited

by Ignacio N Cofone. Privacy breaches are increasing and class actions can

be an important tool to address privacy breaches. Michael Crystal and

Sabrina Chang provide a review and a critique of this collection of essays.

Next, in a topical paper, Shidvash Bayat addresses class actions related

to long-term care facilities in Quebec in the context of COVID-19. As in

other provinces, residents in long-term care in Quebec allege that they

suf‌fered abuse and neglect during the pandemic. Quebec’s class action

framework may provide an avenue for class members and their families

to seek damages and push for institutional reform. Bayat examines the

possibilities, including a breakdown of how such class actions would fare

at the authorization stage, by examining the recent Barbara Schneider v

CHSLD Herron Inc. Through this lens, Bayat considers how future class

actions in this area, some of which have already begun, might proceed.

Barry Glaspell discusses the challenges that settlement releases face

in the context of class actions. Releases in the common law provinces

generally include three items: releasing the defendant from all claims and

damages; indemnifying the defendant against any future related claims;

and agreeing not to sue. This can lead to conf‌lict if a third party brings

forth a claim related to the same incident. Glaspell notes that “there is

an increasing tendency for releases to reach to future conduct, future

acts or omissions which may or may not be foreseeable or knowable,”

and questions whether these can be covered by a settlement release. The

author explains how judicially approved class action settlement releases

can come “under siege” in various ways.

Jacob Medvedev discusses short sellers in Ontario’s market secur-

ities liability law. The author aims to “draw attention to this overlooked