Trends in Environmental Class Actions in Canada

Abstract: Environmental claims may arise when toxic substances are emitted into the environment, causing harm to human health and damage from contamination of property. These claims can result from a single discrete incident or from prolonged exposure to a toxic substance over time. The nature of environmental incidents can have an impact on a large number of individuals, which may pursue redress through combining individual claims into class actions. This paper focuses on the trends that have emerged in jurisprudence that have influenced the outcome of certification of environmental class actions (ECAs) in Canada. Certification of ECAs have failed for a variety of reasons, such as the statement of claim insufficiently pleading material facts to prove a cause of action, the identifiable class being too broad, the individual issues hindering the common issues, and alternative means of redress being available. By analyzing other areas of law that rely on class actions to resolve collective issues, this paper will attempt to reconcile ECAs as a preferable way of advancing litigation stemming from environmental incidents.