Class actions have become a key element of the Canadian civil justice system. Building on the tradition of public interest litigation, they seek to promote access to justice, judicial economy, and behaviour modification, while supporting traditional procedural values. The interface between these aspirations has generated considerable interest and debate among practitioners and academics alike. In this seminar, we welcome a series of leading counsel and judges to discuss with us topics such as the roles of class counsel and defence counsel, and related ethical issues; costs (who should pay and when and how much) and principles of funding and financing; the role of court-approved settlements in maximizing value for the class; the role of the representative plaintiff and the ways in which the interests of the class can best be served; and parallel and overlapping cross-border class actions. This is an excellent seminar for those considering a career in civil litigation and for those interested in the way class actions are transforming the role of civil justice in society.
Method of Evaluation: 7000-word paper, student presentations, and class participation.