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Recent decisions from the Supreme Court of Canada have recognized that class actions are an appropriate procedure to bring aggregate claims against institutional tortfeasors for systemic abuse. An emerging question is whether Canadian courts should extend the principles gleaned from the residential school jurisprudence to the context of elder abuse in institutionalized setting. This paper suggests that the class action procedure is an appropriate tool to redress systemic abuse in elder care facilities and explores practical and policy reasons why the residential school jurisprudence should be applied in this context.
By Helene Wheeler
The full article can be found in Volume 1, Issue 1 of the Canadian Journal of Elder Law.
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