CLASS ACTIONS IN ONTARIO AND QUEBEC
AbstractJudicial development of class actions procedures in the common law provinces has now been precluded by the decision of the Supreme Court ofCanada in Naken v. General Motors of Canada Ltd. The Ontario Law Reform Commission, however, in a three-volume report, has recommended legislative enactment in Ontario of a detailed and complex class action statute. These developments occur at a time when experience in Quebec, and increasingly in the United States, suggests that there are fundamental problems with the concept of class litigation which even the most sophisticated legislation and generous financing cannot overcome. The author concludes that the proposals of the Ontario Law Reform Commission are unlikely to resolve these problems, and that the case for class actions has yet to be made.
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