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Posts Tagged ‘class actions in canada’

Debate about legal reforms outside the U.S. can often provide a revealing look at the strengths and weaknesses of the U.S. legal system.  For policymakers in other countries, U.S. consumer protection laws can be the gold standard for access to justice and, at the same time, the epitome of litigiousness run amok.

As an example, check out today’s column from Globe and Mail law reporter Jeff Gray discussing Bill C-36, a proposed reform being considered by the Canada Senate that would permit the government to order mandatory product recalls.  Gray has quotes from several Canadian class action lawyers, both from the plaintiff’s and defense side, making predictions on the potential effects of the bill and commenting on the development of Canada’s consumer protection laws as compared to the United States.

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According to this article from The Canadian Press and this one from the Ottawa Citizen, a lawyer in St. Johns, Newfoundland is considering suing the Province of Newfoundland and Labrador on behalf of a would-be class of people injured in collisions with moose.  The theory would apparently be that the government was negligent in introducing moose into the nearly area a century ago, and that it was foreseeable that the introduction of the animals would lead to collisions with Hummers and Silverados.  The human-to-moose ratio in the province is just over 4 to 1.

Not being an expert on the finer points of Newfoundlandian (Newfoundlandish?) law, I cannot comment on the strengths or weaknesses of this case if it does go forward.  However, if the obvious defense strategies, like sovereign immunity, lack of proximate cause, or “come on Judge, you’ve got to be kidding me” don’t work, here’s a more radical possible defense: blame the moose.  After all, if they would just stop procreating, stick to the marshes, or use the crosswalks, then none of this would be happening.

For a more serious comparative discussion of the differences between Canadian and U.S. law regarding governmental liability for tort claims, see this CAB entry dated October 6, 2008.

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It’s been a while since his last posting, but Vancouver, B.C. attorney Ward Branch’s latest entry on Class Actions in Canada has been worth the wait.  He has a synopsis on what appears to be every Canadian class action decision of note in recent memory.  If you’re looking to get up to date on the Canadian class action scene, don’t miss it.

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