Legal Journals

Canadian Articles on Multijurisdictional Class Actions

By Stephen Pitel

Three recent articles have been published about multijurisdictional class actions in Canada.  One of the most critical issues is whether the courts of a province will enforce a class action judgment from another province or another country approving a settlement that purports to bind plaintiffs resident in the province.  I know that similar issues are under consideration in other countries, so this literature could be of value as comparative law.

Genevieve Saumier, “Competing Class Actions Across Canada: Still at the Starting Gate after Canada Post v. Levine” (2010) 48 C.B.L.J. 462

Tanya Monestier, “Personal Jurisdiction over Non-Resident Class Members: Have We Gone Down the Wrong Road?” (2010) 45 Texas International Law Journal 537

Peter W. Hogg & S. Gordon McKee, “Are National Class Actions Constitutional?” (2010) 26 N.J.C.L. 279

These take their place alongside several other articles on this topic from the past few years.

Related posts:

1. Article Challenges Canadian Approach to Jurisdiction Professor Tanya Monestier of Queen’s University has published an article...
2. Parallel Class Actions in Canada Canadian provincial courts continue to analyze how to manage class actions...
3. Canadian National Class Action Judgment Not Recognized in Quebec The Supreme Court of Canada has confirmed the decision of...

Full post as published by Conflict of Laws on June 09, 2010 (boomark / email).