Simplifying access to justice: Michael Eizenga publishes the class actions Handbook, an essential, multi-jurisdictional resource for Canadian jurists

• Author: Shaun E Finn
• Position: Litigation partner at BCF LLP and co-leader of the firm's Class Action Defence Group
• Pages: 5-22

5

SIMPLIFYING ACCESS TO JUSTICE:

MICHAEL EIZENGA PUBLISHES

THE CLASS ACTIONS HANDBOOK

, AN

ESSENTIAL, MULTI-JURISDICTIONAL

RESOURCE FOR CANADIAN JURISTS

Shaun E Finn, BCF LLP*

A. INTRODUCTION: AN ACCESSIBLE REFERENCE

FOR JURISTS FROM ACROSS THE COUNTRY

In the very f‌irst sentence of his latest work, The Class Actions Handbook

(the Handbook), a LexisNexis publication, practitioner and author Michael

Eizenga explains that “[a] class action is a procedural tool that allows one

or more persons to bring an action on behalf of, or for the benef‌it of,

numerous persons who have suf‌fered a common wrong. It is intended to

provide an ecient mechanism to achieve redress for widespread harm

or injury.”1 This unique procedural tool provides the basis for eight clear,

thoughtful, and remarkably crisp chapters of analysis. Neither a legal trea-

tise nor a superf‌icial marketing initiative, the Handbook, as its name sug-

gests, is a useful 169-page primer that manages the feat of concentrating

the statutory law of all relevant Canadian jurisdictions and approximately

thirty years of caselaw into a single, accessible volume. In addition to pro-

viding useful background information, it introduces the reader to various

crucial procedural stages and legal considerations. Although designed to

be practical rather than academic in nature and tone, the Handbook, like

the class action itself, remains focused on one central theme: access to

* Shaun E Finn is a litigation partner at BCF LLP and co-leader of the f‌irm’s Class

Action Defence Group. Note that a version of this book review was also published in

the April 2022 edition of the BCF Class Action NetLetter.

1 Michael Eizenga, The Class Actions Handbook (Toronto: LexisNexis, 2022) at 1 [Handbook].

6The Cana dian Cl ass Action Rev iew | Volume 18 • No 1

justice. Appropriately, it is this golden thread that weaves its way through-

out the book, from start to f‌inish.

B. THE DYNAMIC WORLD OF CANADIAN

CLASS ACTIONS

As the Handbook observes, “[c]lass action lawyers know that their practice

area is a dynamic one.”2 This is true from legislative, jurisprudential, and

policy standpoints. Beginning with Québec’s adoption of a class action

regime in 1978, every Canadian province has enacted a class action stat-

ute. Prince Edward Island was the latest and last province to do so when

Bill 36 received royal assent on 17 November 2021.3 Moreover, legislative

reforms continue to be proposed and implemented. In Ontario, the Class

Proceedings Act, 19924 was recently amended pursuant to the Smarter and

Stronger Justice Act, 2020,5 notably with respect to preferability. Québec is

also contemplating possible changes to its codif‌ied class action regime and

has launched a public consultation process.6

In addition to these important legislative developments, class actions

have adapted themselves to virtually all spheres of economic and social

activity. As noted by the Supreme Court of Canada in Western Canadian

Shopping Centres Inc v Dutton, “[t]he class action plays an important role in

today’s world. The rise of mass production, the diversif‌ication of corpor-

ate ownership, the advent of the mega-corporation, and the recognition

of environmental wrongs have all contributed to its growth.”7 In ef‌fect,

“[a] faulty product may be sold to numerous consumers. Corporate mis-

management may bring loss to a large number of shareholders. Discrimina-

tory policies may af‌fect entire categories of employees. Environmental

pollution may have consequences for citizens all over the country. Conf‌licts

like these pit a large group of complainants against the alleged wrongdoer.”8

2 Ibid at ix.

3 Jessica Lam, Alysha Li & Jacob Webster, “P.E.I. Adopts Ontario Class Action Model in

New Legislation” Mondaq (29 March 2022), online: www.mondaq.com/canada/

trials-appeals-compensation/1176778/pei-adopts-ontario-class-action-model-in-

new-legislation.

4 SO 1992, c 6 [Ontario CPA].

5 SO 2020, c. 11.

6 Ministère de la Justice du Québec, Consultation Publique: Perspectives de réforme de

l’action collective au Québec (Québec City: April 2021).

7 Western Canadian Shopping Centres v Dutton, [2001] 2 SCR 534 at para 26 [Dutton].

8 Ibid.