Law Times

PAGE 10 FOCUS September 5, 2011 • Law timeS class action section Move acknowledges growing importance of key practice area OBA starts new BY JUDY VAN RHIJN For Law Times I n an acknowledgment of the grow- ing prevalence and importance of class actions, the Ontario Bar Asso- ciation has formed a new section to deal with the challenges of that area of law. Section chairwoman Sylvie Rodrigue GET THE MOBILE VERSION NEW EDITION MARTIN'S ANNUAL CRIMINAL CODE, 2012 EDITION WITH ANNOTATIONS BY EDWARD L. GREENSPAN Q.C., THE HONOURABLE JUSTICE MARC ROSENBERG AND MARIE HENEIN ALSO AVAILABLE ON CRIMINAL SPECTRUM A TRUSTED SOURCE OF ANNOTATIONS INTERPRETING THE CODE Since 1955, practitioners have relied on Martin's Annual Criminal Code for a complete and reliable interpretation of Canada's Criminal Code. With Martin's you get the most current case law with more than 500 reported and unreported cases – all in a practical, easy-to-use format. Now it's even easier to access the full content of this trusted resource on the mobile version. Martin's Annual Criminal Code combines annotated legislation with analysis of key decisions offering you a better research experience. Widely used and regularly cited in courtrooms, Martin's includes: • Mobile Version included with your print purchase • Offence Grid — unique to Martin's • Forms of charges — for the Criminal Code and the Controlled Drugs and Substances Act • Concordance with all recent amendments • CD-ROM — all contents easily searchable • e-notes — emailed to subscribers directly containing legislative changes as they become available of Norton Rose OR LLP tells the his- tory behind the move. "When I moved to Ontario from Quebec in 2006, I was surprised to fi nd that there was no class action group. I approached the OBA and was told to start a subcommittee in the civil litigation section, which I did in 2009. Th ey wanted a busi- ness demonstration that it could operate as an inde- pendent model and that there was a need for it." Rodrigue never had any doubt that the move would be successful after having seen how popular the class actions section of the Canadian Bar Associa- tion was in Quebec. "By Dec. 1, 2010, when we held our class action col- loquium, we had over 300 members and it was only a committee, not even a section." In March 2011, the OBA approved the new section. "Th e subcommittee op- erated as an independent section for all intents and purposes, but we are excited to be fi nally offi cial," says Rodrigue. "We have a lot more help now. Th ere are 18 people on a real executive and not just an informal one. Th ere is someone in charge of the web site and a public rela- tions person." In addition, there will be a person dedicated to working on a newsletter. "Our main goal is to increase the infor- mation available to the bar and increase continuing legal education, although not necessarily by more conferences," says Rodrigue. Th e newsletter will contain case comments, proposed legislative ONE TIME PURCHASE ORDER # 804541-64789 $101 Hardcover, CD-ROM & Mobile Version Approx. 2400 pages August 2011 978-0-88804-541-6 ON SUBSCRIPTION ORDER # 804541-64789 $96 Hardcover, CD-ROM & Mobile Version Approx. 2400 pages August 2011 978-0-88804-541-6 AVAILABLE RISK-FREE FOR 30 DAYS Order online at www.canadalawbook.ca Call Toll-Free: 1-800-387-5164 In Toronto: 416-609-3800 Shipping and handling are extra. Price subject to change without notice and subject to applicable taxes. CANADA LAW BOOK® Untitled-5 1 11-08-31 10:45 AM amendments, and opinions from key lawyers about where the law is going. Rodrigue is hoping to represent per- spectives from plaintiff and defence counsel, as well as lawyers from both small towns and larger centres. Th e section will also provide a formal place for plaintiff and defendant lawyers to debate certain topics and make sub- missions as a group on matters of pro- vincial and national importance. "Th is requirement may come quicker than we think," Rodrigue says in reference to her position as chairwoman of the CBA task force dealing with the proposed judicial protocol for multi-jurisdictional class ac- tions. "We're going to need submissions from each of the provinces as to what changes will be needed to make the pro- tocol workable, probably by February." Rodrigue plans to bring in interna- tional speakers for the annual conferenc- es so that internal debates can go beyond discussing local case law. She sees a role for North American lawyers on the in- ternational scene because of their experi- ence. As co-chairwoman of the multi-ju- risdictional class action/collective redress working group of the International Bar www.lawtimesnews.com Association, she's aware of how many European nations are currently in the process of drafting their own class ac- tion laws. "We can be ahead of the curve there and address problems before they happen and not afterwards." At the provincial level, Rodrigue be- lieves the law is evolving in Ontario as she has previously seen it develop in Quebec. "Quebec has been doing class actions since 1978. At fi rst, it was known as class action heaven. Everything was certifi ed and it was very plaintiff -friend- ly. Th en, some matters didn't settle and proceeded to trial. In many of them, there were far too many individual issues and there was a realiza- tion that they might take too much time and be too expensive to work as class actions and the tide turned. Now the case Class actions law 'now touches substantive law like franchise law and competition law,' says Sylvie Rodrigue. law in Quebec is more balanced. I wouldn't say that it was plaintiff - friendly or defendant- friendly, but it took over 20 years to get there." Rodrigue sees that ma- turity and the number of cases that have proceeded past certifi cation and into the second phase as the main diff erences between Quebec and Ontario. "I see it every day that we are still in that preliminary wave in Ontario. Many more class actions have proceeded on the merits in Quebec — over 60 — whereas there have only been a handful in Ontario. "Until that happens, the judiciary doesn't see whether the use of a class ac- tion is going to advance the case. At the moment, the judges will say, 'Let's do the common issues trial on one or two ques- tions now and deal with the individual issues later.' When they fi nd it takes 10 years to resolve them all, they see that the process was not as effi cient as they thought it might be." As a result, Rodrigue believes the winds will change in Ontario with in- creased debate and experience, some- thing she hopes the new section will play a role in facilitating. Th ere should be no shortage of will- ing participants. Since forming the new section, Rodrigue has been fi elding e- mails from people wanting to join the executive and now has a waiting list for next year. In addition, Rodrigue hopes to enlist contributions from other fi elds that are increasingly becoming involved in class actions. "Class action law is no longer dealing with just the vehicle itself," she says. "It now touches substantive law like fran- chise law and competition law as well as business law and litigation." Rodrigue is also excited by the oppor- tunities for networking that the section will off er to new participants and younger lawyers. "Th e class action bar is very small and tight. We all know each other. It is not easy for new lawyers to come in and say, 'I want to do a class action.' Th is is especially true for plaintiff lawyers be- cause you need fi nancial resources to start up there. Th is will give lawyers who are not core players the opportunity to par- ticipate. Overall, I think the bar will be pleased with what we're off ering."

• Cover
• E-disclosure
• Bilingual Furor
• Focus On Class Actions