For over half a century, it has been axiomatic that environmental claims are particularly well suited for class actions. This paper examines this notion in the context of Ontario’s regime and finds that environmental class actions have been limited in the extent to which they have promoted access to justice. Starting with a brief overview of class action history in Canada and the economics of mass litigation at a general level, the paper then analyzes barriers specific to environmental claims. A series of representative case studies is then offered to substantiate the central contention on the limits of environmental class actions. In so doing, the paper takes a holistic approach, incorporating empirical, economic, political, and procedural factors and dynamics to provide an integrated assessment about the type of access to justice that is presently achieved and achievable for environmental claims in Ontario.

Informal workers play a central role in the global value chain along which electronic waste (e-waste) is collected and recycled. The failure of governments to recognize informal e-waste workers as legitimate stakeholders in the e-waste economy means these workers assume acute health and livelihood risks. This article argues that the exclusionary dynamics of contemporary e-waste governance paradigms, in failing to acknowledge the legal identity of some stakeholders and the legal responsibilities of others, contribute to a grossly imbalanced and environmentally unjust globalization of e-waste marked by the proliferation of dangerous and exploitative forms of work. E-waste legislation must embrace and reflect the needs and interests of marginalized social groups whose livelihoods depend on their participation in the urban waste economy. Waste governance paradigms must recognize informal workers’ claims over urban space and resources, in other words, their spatial citizenship and fundamental place as workers within the global hi-tech economy.