Saturday, January 23, 2021
Article: Research Paper #6: Class Action Remedies: Cy-près; ‘An Imperfect Solution to an Impossible Problem’
Peter Kenneth Cashman and Amelia Simpson recently published an article entitled, Research Paper #6: Class Action Remedies: Cy-près; ‘An Imperfect Solution to an Impossible Problem’, Wills, Trusts, & Estates Law ejournal (2020). Provided below is the abstract to the Article.
In this paper, we revisit the recommendation of the Victorian Law Reform Commission in 2008 that the courts be given an express power to grant cy-près remedies. We discuss the use of cy-près remedies in class actions in the United States of America and Canada is reviewed and the existing practice of granting cy-près distributions in limited circumstances. It is suggested that the courts should have an express statutory power to grant cy-près remedies.