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Mitigating class actions

Thursday, December 08, 2016 @ 7:00 PM | By Nadia Campion

Over the last 20 years, practitioners, academics and the courts have come to recognize that arbitrated justice is equal, not inferior to, adjudicated justice. More recently, Canadian courts have considered the applicability of arbitration clauses in the context of class proceedings in order to secure a fair and expeditious outcome of legal issues. Recent judicial decisions suggest that arbitration clauses may eliminate, or at least reduce, the risk of class action liability. While at first instance it may appear that arbitration is a form of “private...