Abstract:
In this paper, I will address the value of the class action procedure, both theoretically and empirically. It will attempt to clarify Canada’s supposed ‘littlest secret’, which is that while class actions represent a significant part of our court activities, they may not truly be compensating our citizens. We are witnessing a ‘wealth’ of class action trials being held around the country on an annual basis, with the largest number of trials occurring in the province of Quebec, followed by Ontario, and subsequently, British Columbia. I will argue that leading up to the present study, we did not know for certain whether a class action was an effective mechanism to compensate class members. Through empirical data collected up until recent years from cases filed in the province of Quebec, analysed through the lens of a collective approach to compensation, I will demonstrate that Quebec citizens are in fact compensated through the use of class actions.
Piché, Catherine, The Value of Class Actions (May 1, 2017). Theoretical Inquiries in Law, 2017.
First posted 2017-08-02 06:42:21
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