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Op-Ed: The Problem of Cost Awards and Third Party Funding in Class Proceedings

The class action lawsuit is an important legal innovation. It allows many small players to get together and seek justice if they have been injured due to the negligence of a large company. It lets small investors or consumers who have suffered a loss make a claim. Their individual losses are not large enough to […]

Intention Creep: The Supreme Court of Canada Rebukes Intent Analysis in Quebec (Attorney General) v A , Despite a Tradition of Dressing it up as “Context”

One clear and basic principle underlies Canadian equality law. Put simply, s 15(1) of the Canadian Charter of Rights and Freedoms guards against the effects of discrimination, regardless of intent. This important tenet of the equality doctrine was set out by the Supreme Court of Canada (SCC) in its very first equality decision, Andrews v […]