UNE MISSION DE PAIX GLOBALE LE REGLEMENT EFFICACE ET EQUITABLE D’UN RECOURS COLLECTIF

Abstract

Class actions are subject to a detailed body of rules and regulations. Certification, notification, general conduct of the proceedings and recovery — not to mention several other procedural considerations — are all neatly circumscribed. Nonetheless, many class actions never make it to the certification or trial stage and are ultimately resolved by way of settlement. While some direction is provided on how a settlement should be structured, the content, form and terms of such agreements are left entirely to the parties. In order to shed greater light on the changing world of class action settlements, this article examines the criteria developed to gauge their utility and fairness. More than an examination of the relevant jurisprudence, however, hot button ethical and strategic considerations are also analysed in order to better understand emerging issues, problems and trends.