Part III Reception of Foreign Collective Redress and Punitive Damages Decision in National Jurisdictions, 16 The Perils of Certifying International Class Actions in Canada

16.01 Canadian class action regimes adjudicate the rights of individuals (ie class members) who are not involved in and usually have little knowledge of the actions being advanced on their behalf until after certification. Once a claim is adjudicated in a certified class action, the final order is intended to preclude these class members from commencing their own claims, unless they have opted out of the class proceedings. 16.02 This intended preclusive effect of a class action judgment is a hallmark of class action regimes. However, what happens if a judgment is...