National Class Actions in Canada: Yet Another Call for Clarity and Coordination

• Author: Joseph Marcus
• Pages: 41-71

41

NATIONAL CLASS ACTIONS

IN CANADA: YET ANOTHER

CALL FOR CLARITY AND

COOR DINATION

Joseph Marcus

Abstract: Just as economic markets incre asingly neglect Can-

ada’s domestic borders, so too does the consequent inf‌liction

of harm. Not surprisingly then, the national class action ha s

emerged as a desirable vehicle for mass redress. Desirable,

perhaps, but are national class actions constitutional? Dis-

tinguished Ca nadian scholars continue to construct persua-

sive arguments on both sides; meanwhile, courts continue to

assume jurisdiction over national classes. Accordingly, this

paper argues that while the permissibility of multijurisdic-

tional class proceedings might make for an engaging debate,

the apparent willingness of courts to cer tify national classes

means that the path forward is not through academic dis-

course, but through the creation of realistic mechani sms of

interprov incial judicial coordination.