The Federalist Society

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

July 3, 2008

John Beisner, Allison Orr Larsen, Karl Thompson

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....

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


The Federalist Society