420 THE ADVOCATE
VOL. 77 PART 3 MAY 2019
example, a price-fixing case may involve an ascertainable and quantifiable
assessment of damages, but a low likelihood that it will be possible or practical
to distribute the funds to every consumer who experienced the loss. In
such circumstances, the parties may agree that a portion of the settlement
will go “undistributed” on a cy-pres basis. The recent amendments will
ensure a portion of such funds are used to promote access to justice through
the Law Foundation.
Class actions represent an area of law with the potential to address significant
harms and positively impact many citizens. The recent amendments
to the Class Proceedings Act will improve the supporting legislative scheme
and access to justice for the future.
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