Class Action Litigation Report
“Supreme Court of Canada Upholds Arbitration Agreements With Class Waivers”
Class action waivers in arbitration agreements are as hot an issue in Canada as they are in the United States. The Canadian Supreme Court recently upheld class waivers in two consumer actions while the Assemble´e Nationale du Quebec passed legislation prohibiting such provisions. In this article, U.S. lawyers Stephen J. Newman and Nancy M. Lee discuss the Canadian cases and some of their U.S. counterparts, and suggest that the ultimate resolution of this controversy will occur in state legislatures and the U.S. Congress.