This work considers the interplay between the Crown, public authorities and the class action device. The class action is a relatively recent legal innovation that allows for the collective redress of similarly situated victims through a single strand of litigation. Class actions are most commonly associated with the pursuit and remediation of corporate wrongdoing, however the Canadian government has been pursued to a significant extent as class action law has rolled out across the country.
In stark contrast to commercial defendants, public authorities carry on their activities for the public good and on a not-for-profit basis. The best of intentions and a lack of profit do not imply that liability should be denied, rather that it should be managed as effectively as possible. This work examines and advocates for the careful use of various tools which limit the potential impact class action lawsuits pose to public service delivery.
| Identifer | oai:union.ndltd.org:LACETR/oai:collectionscanada.gc.ca:OTU.1807/30532 |
| Date | 05 December 2011 |
| Creators | Canniffe, Michael |
| Contributors | Morgan, Ed |
| Source Sets | Library and Archives Canada ETDs Repository / Centre d'archives des thèses électroniques de Bibliothèque et Archives Canada |
| Language | en_ca |
| Detected Language | English |
| Type | Thesis |
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