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Canadian Class Action Law: A Flawed Model for European Class Actions

Activists urging European Union nations to adopt the class action device have recently begun citing Canada as a model. Like the United States, Canada has adopted formal class action rules that permit plaintiffs to bring class proceedings. And there is a perception that, to date, Canada has been spared the sort of rampant, U.S.-style class action litigation that has been widely criticized for imposing “huge, avoidable, and unnecessary cost[s]” on the economy. Some European class action advocates have therefore suggested that Canada provides a guide to creating a class action regime without opening a “Pandora’s box” leading to the American experience....