About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

70 U. Toronto Fac. L. Rev. 9 (2012)
Are National Class Actions Constitutional; A Reply to Walker, Hogg and McKee

handle is hein.journals/utflr70 and id is 9 raw text is: ARE NATIONAL CLASS ACTIONS CONSTITUTIONAL? A REPLY TO WALKER, HOGG AND MCKEE JOSHUA KRUSELL* OVERVIEW 11 I. PROVINCIAL STATUTES CANNOT GIVE RISE TO A NATIONAL CLASS 12 Restrictions on the Extraterritorial Effect of Provincial Law 13 The Substantive Effects of Opt-Out Class Actions Bar Provincial Statutes From Providing for Their Extraprovincial Operation 18 II. THE PROBLEM OF CERTIFYING A NATIONAL CLASS IN A PROVINCIAL COURT 22 Provincial Superior Courts are Incapable of Exercising Direct Jurisdiction Over National Opt-Out Class Actions 24 III. THE PROBLEM OF RECOGNIZING CLASS JUDGMENTS IN SUBSEQUENT JURISDICTIONS 28 IV. LIVING WITHOUT THE NATIONAL CLASS 31 Most Alternatives to the National Opt-Out Class are Similarly Unable to Meet the Demands of Constitutionality 33 Coordinated Parallel Provincial Opt-Out Classes are the Best Available Constitutionally Viable Alternative to the National Opt-Out Class 35 V. CONCLUSION 39 Joshua Krusell authored this article while enrolled in the University of Victoria's J.D. program. He has subsequently joined Osler, Hoskin & Harcourt LLP as an Associate. UNIVERSITY OF TORONTO FACULTY OF LAW REVIEW VOL. 70 (1)

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most