Canada

• Author: W.A. Bogart,Jasminka Kalajdzic,Ian Matthews
• Published date: 01 March 2009
• Date: 01 March 2009
• DOI: http://doi.org/10.1177/0002716208328283
• Subject Matter: Articles

ANNALS, AAPSS, 622, March 2009 41

Most of the provinces and the Federal Court have

adopted class action procedures influenced by the U.S.

model, with certification and opt out, but differing

rules on costs apply. A significant number of cases are

brought, most of which settle. There are unresolved

transborder issues.

Keywords: class actions; national class; certification;

funding; class proceedings

Overview of Canada’s

Legal System

Canada is a bijuridical, bilingual nation but

one dominated by the common law and adver-

sarial system. In most of the provinces and

territories, English is the main language and

the legal system is based upon the common law

as inherited from Great Britain through the

period of colonization. However, in Québec, the

French language predominates and the legal

system is heavily influenced by civil law as

inherited from France. Nevertheless, Québec

has adopted aspects of the adversarial (rather

than the inquisitorial) system regarding its pro-

cedures for civil litigation, in general, and class

actions, in particular (Gall 2004, 265).

Canada’s constitutional framework gives

provincial superior courts domain over prop-

erty and civil rights within their boundaries. A

Federal Court of Canada also has jurisdic-

tion throughout the country. For a number of

reasons, however, primarily due to its limited

Canada

By

JASMINKA KALAJDZIC,

W. A. BOGART,

and

IAN MATTHEWS

Jasminka Kalajdzic is an adjunct professor at the

University of Windsor Faculty of Law, Ontario, Canada.

W. A. Bogart is a professor of law at the University of

Windsor Faculty of Law, Ontario, Canada and a virtual

scholar in residence of the Law Commission of Canada.

Ian Matthews is articling at Osler, Hoskin & Harcourt

LLP, Toronto, Ontario.

DOI: 10.1177/0002716208328283