LAWS 2253 ‑ Class Action Law and Procedure in Canada

CREDIT HOURS: 3

This course is intended to provide an introduction to class actions in Canada. Over the past 20 years, class actions have played an increasingly significant role in the Canadian legal system. Class action practice combines both broad theoretical legal issues and more practical, technical considerations. This course is designed to reflect that combination. The course will begin with an introduction to the general area of class proceedings. This course will take a critical look at the purposes behind class action legislation, namely efficiency, improved access to justice and behaviour modification. The course will consider whether, in practice, the class action regimes in Canada have obtained the desired benefits. As class actions are essentially a “procedural vehicle,” procedure will be a necessary component of the course. Class actions raise unique ethical and financial considerations for counsel. Students will discuss these ethical issues and how the courts have dealt with them in the past. Students will also be introduced to the practical financial considerations of prosecuting and funding a class action as well as how to choose the right class actions.

Prerequisite(s): None.
Co-requisite(s): None.
Assessment Method: Class attendance and participation: 20%; Certification motion moot: Affidavit and written submissions 20%; Oral submissions 20%; Take home exam 40%.
Restrictions: None.