Class Actions as Alternative Dispute Resolution

2004

Class-wide arbitration, which combines traditional class action and arbitration procedure, has existed in the United States for several years. A recent decision of the United States Supreme Court has underlined its importance for contemporary American litigation. Although courts in Canada and Quebec have never recognized classwide arbitration specifically, a string of judgments have allowed for the consolidation of arbitration disputes. This suggests that class-wide arbitration of the type practised south of the border may be received into our own legal systems. The consequences of such a development for defendant companies, in particular, as well as a new range of plaintiffs, are arguably extensive. This paper looks at the relevant United States, Canadian, and Quebec case law, with a view to analysing the hybrid procedure and evaluating its potential impact.

Indiana Law Journal, 1987

the Conservatives after a lengthy rule only by forming an alliance with the NDP which included an agreement to implement many of the NDP's policies in exchange for their support in the legislature. Second, in a recent survey of business leaders concerning their views of federal politics and of the heads of the three parties, the leader of the NDP was ranked first (C+) followed by the Prime Minister, a Progressive Conservative (C-) and then the leader of the opposition, a Liberal (D+). See Reid, No Honours For Ottawa, The Globe and Mail, Nov. 1986, (Report on Business Magazine), at 15. 2. Books, of varying quality, have been written trying to understand why courts have followed the paths which they have.

Duke J. Comp. & Int'l L., 2004

2021

This article highlights the class action proceeding in Quebec, seeking to expose its main characteristics. The article initially explores the Canadian legal system and provincial legislative peculiarities. In addition to that, the paper explores the three major objectives of class actions: (i) judicial economy; (ii) maximizing access to justice; (iii) deter actual and potential wrongdoers from inflicting damage, especially small amounts of damage on a larger number of people (preventative objective). In sequence, such article specifies how the two-step class action procedure works, starting with the application for authorization, which is a preliminary request and a unique step in the province of Quebec that is meant to filter frivolous demands. Only once the authorization is granted may the case be heard collectively on the merits. The second step of the two-step procedure is an originating application that must be filed if the class action is authorized. Furthermore, this study deals with many relevant matters regarding the class actions in Canada (particularly Quebec), such as: (i) Right of Appeal; (ii) Res Judicata Effecton absent members; (iii) Monetary Distributions and Types of Collective Recovery; (iv) Class Action Financing; (v) Possible Settlements; (vi) Multi-Provincial Class Proceedings and National Classes.

Common Law World Review, 2016

It is widely recognized that the review of settlement agreements executed by the formal parties to class action litigation—the representative plaintiff and the defendant—represents the most important and challenging task that judges presiding over such litigation face. In order to facilitate this judicial task the views with respect to proposed class action settlements are sought from those persons who will be bound by such compromises despite having had no involvement in the settlement negotiations and in the conduct of the litigation itself: the class members. If the trial court approves the settlement despite the filing of objections to the settlement (or aspects of the settlement) by one or more of the affected class members, can these dissatisfied class members or objectors seek the intervention of an appellate court? This general question has been considered by American appellate courts on numerous occasions. But in Canada this question has been considered only in Quebec and i...

Modern Law Review, 2006

Windsor Yearbook of Access to Justice, 2010

In this paper, I describe the face of modern civil justice and discuss four paradoxes which justify re-evaluating the role of the judge responsible for reviewing class action settlements, in light of modern judicial culture. I also critically evaluate the existing procedures applicable to the fairness review as well as the judicial role described in the caselaw and doctrine, before suggesting a revised, three-parted role for the reviewing judge in the class action settlement context. Ultimately, I suggest that to reach fairness of process and outcome in class action settlements, judges should remain active and creative in their inquisitorial assessment of proposed class action settlements. They should also remain conciliatory, participating in the search for solutions regarding the proposed settlement, always seeking to find the truth (and what is “just”) about the proposed settlement, in the utmost respect for the rights of absent class members, the respect of their interests, and ...

Tex. Int'l LJ, 2003

Copyright (c) 2003 University of Texas at Austin School of Law Publications, Inc. Texas International Law Journal. Summer, 2003. 38 Tex. Int'l LJ 663. LENGTH: 24476 words Judicial Supervision of Individual Settlements with ...

Indiana Law Journal, 1987

Rabels Zeitschrift fuer auslaendisches und internationales Privatrecht, 2016