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ISBN: 9781552214763

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Class Actions Controversy

The Origins and Development of the Ontario Class Proceedings Act

Winner of the 2019 Peter Oliver Prize in Canadian Legal History

Shortlisted for the Speaker’s Book Award 2019

The Ontario Class Proceedings Act, 1992 represented a major innovation in civil procedure. Suzanne Chiodo’s book is the first to analyze comprehensively the history of this highly significant legislation. It looks at the origins of representative proceedings in equity, the rise of modern-day class actions around the world (particularly in the United States and Quebec), and at the debates about the Ontario legislation. The book presents an in-depth analysis of the political and social influences that shaped this momentous legal change. It explains for the first time how the Attorney General’s Advisory Committee Report in 1990 pulled together so many divergent interests where previous attempts had failed. With the twenty-fifth anniversary of the Act upon us, and the Law Commission of Ontario currently reviewing it, this is a timely contribution to a current debate as well as an instructive historical analysis.

Contributors

Suzanne Chiodo

Suzanne Chiodo is a lecturer in law at Oriel College, Oxford University, where she is completing her doctorate in the area of class actions. She also obtained her undergraduate degree in modern history from Oxford.

Chapter Title Contents Contributors Pages Year Price

Preview

Provides an introduction to the existing scholarship on the history of class actions. 14 $1.40

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This chapter explores the debate on class action reform in Ontario, which was preceded by the origins of class actions and group proceedings in the Court of Chancery, the limited jurisprudence in … 31 $3.10

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Chapter 3 covers the period from the early 1970s, when class actions began to be discussed in Ontario in the context of federal competition legislation and provincial consumer protection laws, to … 42 $4.20

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Chapter 4 looks at the reform debate under the tenure of Ian Scott as attorney general, the lead-up to and release of the Advisory Committee Report, and the subsequent passage of the CPA. 82 $8.20

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Chapter 5 provides an analysis of why the Advisory Committee Report succeeded in forming the basis of a class action statute in Ontario, and why the OLRC Report did not. 18 $1.80

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Chapter 6 assesses the use of the CPA since its enactment, issues with class actions that the drafters of the CPA did not foresee, and how the Act’s history affects the practice of class … 42 $4.20

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Glossary of terms related to class actions. 3 $0.30