This is too narrow a view of the role of behaviour modification in class action proceedings. This court examined the scope of behaviour modification in its certification decision in this case, Pearson v. Inco Ltd. Rosenberg J.A. said, at para. 88: [M]odification of behaviour does not only look at the particular defendant but looks more broadly at similar defendants, such as the other operators of refineries who are able to avoid the full costs and consequences of their polluting activities because the impact is diverse and often has minimal impact on any one individual. This is why environmental claims are well suited to class proceedings. To repeat what McLachlin C.J.C. said in Western Canadian Shopping Centres, supra, at para. 26 “Environmental pollution may have consequences for citizens all over the country.”
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