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The class action and public authority liability: "preferability" re-examined.

INTRODUCTION

When are class actions against the government "preferable"? Perhaps more to the point, when is a class action that might be appropriate against a private firm not an effective way of resolving a claim where the government acts as the defendant?

This question is of more than academic interest. Since the advent of the class action in Canada, governments have become a preferred--if not the preferred--target. (1) This is not terribly surprising, as government acts or omissions by their nature, frequently affect large numbers of people. Governments are also static targets: while the provincial and federal governments have the power to sweep away claims against ...

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