The Law of Class Actions in Canada PDF Download

Author: Warren K. Winkler
Publisher:
ISBN: 9780888047281
Category : Class actions (Civil procedure)
Languages : en
Pages : 449

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Author: Jasminka Kalajdzic
Publisher:
ISBN: 9780774837897
Category : Class actions (Civil procedure)
Languages : en
Pages : 0

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Book Description
Whatever deficits remain in the Canadian project to make justice available to all, class actions have been heralded as a success. They have been employed over the past twenty-five years to overcome barriers to justice for those who would otherwise have no recourse to the courts. First proposing a conceptualization of access to justice that moves beyond mere access to a court procedure, leading expert Jasminka Kalajdzic then methodically assesses survey data and case studies to determine how class action practice fulfills or falls short of its objectives. Class Actions in Canada is a timely exploration of the evolution of collective litigation in Canada.

Author:
Publisher: CCH Canadian Limited
ISBN: 1553678087
Category : Class actions (Civil procedure)
Languages : en
Pages : 388

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Book Description
Defending Class Actions in Canada is aimed at businesses that may become defendants in class actions in Canada and the lawyers who defend them. Companies doing business in this country now have an intense interest in the proliferation of class actions and the risks posed by that development to their operations. This book not only outlines all of the steps in such actions and the law that governs them, it provides a useful analysis on a national scale of the most important developments and predictions of future trends.

Author: Ontario Law Reform Commission
Publisher: Ontario : Ministry of the Attorney General
ISBN:
Category : Law
Languages : en
Pages : 324

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Author: Alan Uzelac
Publisher: Springer Nature
ISBN: 3030730360
Category : Law
Languages : en
Pages : 400

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Book Description
Not so long ago, class actions were considered to be a textbook example of American exceptionalism; many of their main features were assumed to be incompatible with the culture of the civil law world. However, the tide is changing; while there are now trends in the USA toward limiting or excluding class actions, notorious cases like Dieselgate are moving more and more European jurisdictions to extend the reach of their judicial collective redress mechanisms. For many new fans of class actions, collective redress has become a Holy Grail of sorts, a miraculous tool that will rejuvenate national systems of civil justice and grant them unprecedented power. Still, while the introduction of various forms of representative action has virtually become a fashion, it is anything but certain that attempting to transplant American-style class action will be successful. European judicial structures and legal culture(s) are fundamentally different, which poses a considerable challenge. This book investigates whether class actions in Europe are indeed a Holy Grail or just another wrong turn in the continuing pursuit of just and effective means of protecting the rights of citizens and businesses. It presents both positive and critical perspectives, supplemented by case studies on the latest collectivization trends in Europe’s national civil justice systems. The book also shares the experiences of some non-European jurisdictions that have developed promising hybrid forms of collective redress, such as Canada, Brazil, China, and South Africa. In closing, a selection of topical international cases that raise interesting issues regarding the effectiveness of class actions in an international context are studied and discussed.

Author: Brian T. Fitzpatrick
Publisher:
ISBN: 1108803881
Category : Law
Languages : en
Pages : 578

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Book Description
Economic activity is more globally integrated than ever before, but so is the scope of corporate misconduct. As more and more people across the world are affected by such malfeasance, the differences in legal redress have become increasingly visible. This transparency has resulted in a growing convergence towards an American model of robust private enforcement of the law, including the class-action lawsuit. This handbook brings together scholars from nearly two dozen countries to describe and assess the class-action procedure (or its equivalent) in their respective countries and, where possible, to offer empirical data on these systems. At the same time, the work presents a variety of multidisciplinary perspectives on class actions, from economics to philosophy, making this handbook an essential resource to academics, lawyers, and policymakers alike.

Author: Jasminka Kalajdzic
Publisher: UBC Press
ISBN: 0774837918
Category : Law
Languages : en
Pages : 260

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Book Description
Whatever deficits remain in the Canadian project to make justice available to all, class actions have been heralded as a success. They have been employed over the past several decades to overcome barriers to justice for those who would otherwise have no recourse to the courts. First proposing a conceptualization of access to justice that moves beyond mere access to a court procedure, leading expert Jasminka Kalajdzic then methodically assesses survey data and case studies to determine how class action practice fulfills or falls short of its objectives. Class Actions in Canada is a timely exploration of the evolution of collective litigation in Canada.

Author: SHAUN E. FINN
Publisher:
ISBN: 9780433516897
Category :
Languages : en
Pages :

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Author: Rachael Mulheron
Publisher: Bloomsbury Publishing
ISBN: 1847310966
Category : Law
Languages : en
Pages : 616

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Book Description
Multi-party litigation is a world-wide legal process, and the class action device is one of its best-known manifestations. As a means of providing access to justice and achieving judicial economies, the class action is gaining increasing endorsement - particularly given the prevalence of mass consumerism of goods and services, and the extent to which the activities and decisions of corporations and government bodies can affect large numbers of people. The primary purpose of this book is to compare and contrast the class action models that apply under the federal regimes of Australia and the United States and the provincial regimes of Ontario and British Columbia in Canada. While the United States model is the most longstanding, there have now been sufficient judicial determinations under each of the studied jurisdictions to provide a constructive basis for comparison. In the context of the drafting and application of a workable class action framework, it is apparent that similar problems have been confronted across these jurisdictions, which in turn promotes a search for assistance in the experience and legal analysis of others. The book is presented in three Parts. The first Part deals with the class action concept and its alternatives, and also discusses and critiques the stance of England where the introduction of the opt-out class action model has been opposed. The second Part focuses upon the various criteria and factors governing commencement of a class action (encompassing matters such as commonality, superiority, suitability, and the class representative). Part 3 examines matters pertaining to conduct of the action itself (such as becoming a class member, notice requirements, settlement, judgments, and costs and fees). The book is written to have practical utility for a wide range of legal practitioners and professionals, such as: academics and students of comparative civil procedure and multi-party litigation; litigation lawyers who may use the reference materials cited to the benefit of their own class action clients; and those charged with law reform who look to adopt the most workable (and avoid the unworkable) features in class action models elsewhere.

Author: Michael A. Eizenga
Publisher:
ISBN: 9780433404446
Category : Class actions (Civil procedure)
Languages : en
Pages :

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