Background & purpose of the system 1 basic institutions, processes, and players 3

Other Procedures

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  Discovery (CPA ss. 15, 16): one party on the plaintiff side, so the person who is discovered is the party, not all class members
  
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    If there need to be discovery of some of the class members there are procedures to do so here
    
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  Limitations (CPA s. 28): once class action is brought you have met limitation period, if you opt out clock starts again for you
  
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  Settlement (CPA s. 29): unlike most pieces of litigation, court has to approve a settlement because you are
  

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  Costs/fees: class members (except rep party) not liable for costs except with determination of their own individual claims (s31); fee agreement must be approved by court (s32); contingency fees allowed (s33); Class Proceedings Fund (LSA 59.1)
  
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  Appeals (CPA s. 30): decisions on certification orders can be appealed to Divisional Court
  

Turner v. York University (2012)

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  Failed on certification
  
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  Shows 5(1)(a) – no identifiable CoA
  
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  Students claimed they had some kind of contract / fiduciary duty that was being compromised by the strike. Court held the university had academic freedom
  

Policy

Possibility of Future Reform: Why do we have class actions, what are the pros/cons in terms of access to justice?
*Draw on cases – e.g. Rumley vs. Hollick

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  Achieve goals? How do the 3 purposes animate it?
  
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  Force settlements?
  
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  Encourage litigation? Is that a good thing or not when we go back to the purpose of the process?
  
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  Fairness to both sides? Class members?
  
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  Certification – right balance? **Important – spent a lot of time on certification
  
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  Costs?
  
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  Is it all about lawyers?
  

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