Latest Publications
 

Judicial perspectives on the use of class action litigation as a tool for health policy change


Lara Khoury, Amelia Radke | McGill University | 2025


Health crises like COVID‑19 and climate change have exposed weaknesses in how governments and institutions protect public health, leading to more class action lawsuits—a trend called the “judicialization of health governance.”

Analyzing Canadian cases, the study finds that judges sometimes view these lawsuits as tools for social change, highlighting issues like vulnerability, power imbalances, and collective rights. However, this role is only partially developed, and further analysis is needed to determine whether such litigation truly improves public health protection.


Read Full Publication Here

Link to SSRN Here