BehaviourModification: ensuring actual and potential wrongdoers are held fully accountable for harm they are causing, or might cause
Hollick: behaviour modification primarily served through legislature, and thus the existence of statutory mechanisms which function to hold defendants accused of similar behavior to account may negate a finding for behaviour modification
Hollick: failed here, because Ontario's environmental legislation (Environmental Bill of Rights, 1993) provided other avenues by which the complainant could ensure that the respondent took full account of the costs of its actions
(e) there is a representativeplaintiffordefendant who,
(ii) has produced a plan for the proceeding that sets out a workable method of advancing the proceeding on behalf of the class and of notifying class members of the proceeding, and
Once you’ve established all 5 the court must certify: act says “shall” and interpretation in Hollick which says they are not trying to make this difficult
