Sentences with phrase «class action regime»

In our first instalment, we explore the two primary class action regimes in Canada: the common law approach and the Québec civil law procedure.

In either case, they must guarantee that class action regimes live up to the original objectives of providing an efficient class action procedure, which increases claimants» access to justice while protecting all parties from the dangers of inappropriate or abusive actions.

Established in 1992, Australia's federal class action regime was developed to promote the more efficient resolution of multiple claims sharing common issues, to increase access to justice for small claimants and to safeguard the interests of group members and respondents alike.

At first glance, two recent judgments from the CAT may give the impression that the new UK class action regime is dead in the water.

In this series, we will examine the different class action regimes in Canada, and focus on recent class action trends in areas such as privacy, employment and competition law.

While the securities class action regimes in Canada and the U.S. — and in particular the way they treat the «fraud - on - the - market» presumption — are sufficiently different and it won't have a direct effect on Canadian jurisprudence, securities class action lawyers should take note.

The proposed amendments will harmonize BC's class action regime with the majority of jurisdictions in Canada and will significantly increase the size of classes in BC by allowing national classes.

«The Law on Representative Proceedings and Class Action Regimes in Other Jurisdictions, in Report: Class Actions 25 - 62 (The Law Reform Commission of Hong Kong, May 2012).

This patchwork process of procedural development has diminished the certainty and consistency that parties should rightly expect of a class action regime.

«The entrepreneurial model for class actions works wonderfully well for many cases, but actions for a declaration that might help a small group are not a success story for the class action regime.

Finally, the Law Commission of Ontario (LCO) is currently examining many important aspects of Ontario's class action regime and is being closely watched by other Canadian provinces.

Two appellate decisions, released in 2014 by the Nova Scotia Court of Appeal and the Alberta Court of Appeal, respectively, have confirmed that class action regimes are not necessarily appropriate for environmental harms: MacQueen v. Sydney Steel Corp and Windsor v. Canadian Pacific Railway Ltd. demonstrate the lack of success environmental causes of action have experienced in the class action context and reinforce the challenges involved.

There is no evidence, however, that Ontario's class action regime is any less robust or thriving than those of other provinces.