Cross-Border Class Actions: Opportunities and Challenges
2008 Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada
January 2008
This article summarizes Canada's rapidly developing and distinctive class action culture. Canadian legislatures and courts have embraced the attractions of class actions somewhat later than their US counterparts and are both learning from US experience and striking out in new directions. In some areas certification is now easier to achieve in Canada. However, the absence of treble damages, modest punitive damages, and narrower statutory and common law substantive liability make Canadian actions very different contests.