Access to justice for the masses? A critical analysis of class actions in Ontario.

摘要

Judges and lawyers have embraced class proceedings as fulfilling an access to justice objective. In the more than fifteen years since the introduction of class proceedings legislation in Ontario, however, few have sought to evaluate whether or to what extent class actions have improved access to justice. The author begins to fill that void by first exploring various meanings of access to justice, and then examining in detail the initiation and settlement of class actions, and the controversial issue of counsel fees, using both doctrinal analysis and empirical data representing the class action practices of more than 75 plaintiff-side lawyers. She concludes that there are several aspects of class action practice and jurisprudence that fall short of advancing access to justice to its fullest extent, and calls for further socio-legal analysis to measure the impact, and evaluate the success, of class actions.