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INTRODUCTION
Welcome to the latest issue of the Canadian Class Actions Review, and to
the new year, which we hope will be brighter than the last. In this time of
instability, the importance of class actions is thrown into sharp relief, as
a tool that serves to protect disadvantaged groups of people, discourage
predatory and negligent behaviour, and ease the strain on courts.
This issue covers a range of topics, from the intricacies of carriage
motions to the impact of COVID-19 on Long-Term Care facilities, often
with a focus on areas of inconsistent litigation and vague legislation.
In July 2020, Bill 161, the Smarter and Stronger Justice Act, 2020, which
includes amendments to Ontario’s Class Proceedings Act, received royal
assent. Not surprisingly, several of the articles in this issue engage deeply
with the Act and its implications.
The issue begins with a book review by Michael A Crystal & Maria Khan,
who give a precise and careful description and analysis of the 2020 edi-
tion of Defending Class Actions in Canada: A Guide for Defendants. Given
the recent changes to certain class action legislation, and most notably
the Law Commission of Ontario’s July 2019 Report on Class Actions, it is
an important and useful book, and Crystal & Khan carefully go over the
various topics it covers and its strengths as a resource.
Next, Lindsay Frame’s Strosberg Award–winning paper “Flash Boys
Class Actions: Civil Fraud, Conspiracy, and the Certifiability of High-
Frequency Trading Cases in Canada” examines predatory high-frequency
trading in Canada. High-frequency trading technology is becoming
increasingly widespread and creates many opportunities to take advan-
tage of and defraud investors, and can lead to extensive repercussions
for the economy as a whole — especially in times like these, when the
global stock market is already volatile. Frame discusses the class actions
that have been brought against high-frequency traders and proposes that
class proceedings can act as a regulatory tool, to allow the benefits of
high-frequency trading while protecting against predatory practices.
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