Accessing Justice - Appraising Class Actions Ten Years After Dutton, Hollick and Rumley

Description

Accessing Justice: Appraising Class Actions Ten Years After Dutton, Hollick&; Rumley

The Supreme Court of Canada's 2001 decisions in Dutton, Hollick and Rumley entrenched class actions as an important element of our civil justice architecture. Between them, the trilogy has been cited with approval in over 1100 cases and has continued to become a point of reference for further studies in class actions.

Fifteen leading scholars and class action lawyers, from Canada and abroad, discuss the aims of class action litigation, the extent to which access to justice has been advanced, and how we can maximize class actions' access to justice potential. Thoughtful and informed, this collection of conference papers is a must read for all class action litigators, judges and policymakers.

Table of Contents

     1. Jasminka Kalajdzic,Introduction
A. The Role of Class Actions in Canada
     2. Hon. Frank Iacobucci, C.C., Q.C., LL.D.,“What Is Access to Justice?”
     3. Lorne Sossin, "Revisiting Class Actions Against the Crown: Balancing Public and Private Legal Accountability for Government Action"
B. Access to Substantive Justice
     4. Deborah Hensler, “Empirical and Theoretical Approaches to Measuring Access to Justice”
     5. Catherine Piche, “The Class Action Settlement Actors: Who is Protecting Whom?”
     6. Paul Morrison & Mark Rosenberg, "Missing in Action: An Analysis of Plaintiff Participation in Canadian Class Actions"
C. Behaviour Modification as Access to Justice
     7. Jeff Berryman, "Nudge, Nudge, Wink, Wink: Behavioural Modification, Cy-Pres Distributions and Class Actions"
     8. John Kleefeld, "Homo Legislativus: Missing Link in the Evolution of 'Behaviour Modification'?”
D. Barriers to Collective Justice
     9. R. Douglas Elliott, "Fringe Benefits: Class Actions for Marginalized People in Canada"
     10. Louis Sokolov & Colleen Bauman, "Common Cause: Employment Related Class Actions in Canada"
     11. Todd Hilsee, "Access to Justice in Class Actions Requires Effective Notice. A New Checklist for U.S. Judges Provides a Valuable Communications 'Roadmap' for Canada As Well”
E. Comparative Access to Justice
     12. Christopher Hodges, “The European Approach to Justice and Redress”
     13. Joanne Blennerhassett<, "Is It Time To Get the Multi-Party Started? Exploring the Spectrum of Mass Harm Redress in Ireland"

Author/Contributor

Jasminka Kalajdzic

Jasminka Kalajdzic joined the Faculty of Law in 2009 after twelve years in private practice as a civil litigator. Her current research focuses on three areas: access to justice; class actions; and the legal issues related to national security, including human rights and the laws of evidence. She has published a number of peer-reviewed articles on judicial approaches to settlement standards in class actions, national security privilege, and access to justice mechanisms for wrongfully accused terrorism suspects.

Professor Kalajdzic has presented her research at a number of conferences, including Stanford University, the University of Toronto, and the University of Ottawa. She organized the first academic conference in Canada on class action law, “Accessing Justice: Appraising Class Actions Ten Years After Dutton, Hollick & Rumley”, held at the University of Windsor in March 2011. She is the Canadian representative in an International Research Collaborative on Collective Litigation, and will be presenting at the fifth annual Globalization of Class Actions conference in The Hague in December 2011.

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