Research Paper Number

20/2013

Joseph Marcus

Document Type

Article

Publication Date

2013

Keywords

Class Actions

Abstract

Just as economic markets increasingly neglect Canada’s domestic borders, so too does the consequent infliction of harm. Not surprisingly, then, the national class action has emerged as a desirable vehicle for mass redress. Desirable, perhaps, but are national class actions constitutional? Distinguished Canadian scholars continue to construct persuasive arguments on both sides, meanwhile, courts continue to assume jurisdiction over national classes. Accordingly, this paper argues that while the permissibility of multijurisdictional class proceedings might make for an engaging debate, the apparent willingness of courts to certify national classes means that the path forward is not through academic discourse, but through the creation of realistic mechanisms of interprovincial judicial coordination.

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