AuthorHarvey T. Strosberg
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

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