Innovation and the continuously evolving technological, regulatory, and competitive environment governing commercial and government activities has increasingly exposed both larger populations and smaller groups of individuals to the potential harm or wrong caused by major corporations or various levels of government.
The evolution of class action litigation has been one of the most dynamic and important developments in Canadian law over the past decade as a means of protecting the rights and interest of individuals against large, well funded organizations.
The primary objective of class action legislation has been to promote greater access to justice for all. However, the significant financial investment and risk required to be borne by both class counsel and the representative plaintiff creates a significant barrier to initiating legal action. As a consequence, in many instances the rights of individuals or similarly affected groups of people have not been protected and they have not been fairly compensated for the harm they have suffered. Similar considerations apply to legal claims where the preferable procedure is a mass tort action.
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This article examines the role of third party financing in facilitating access to justice for those who suffer harm and seek redress through class action litigation.Read Article
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