Law Commission Of Ontario To Review Class Action Procedure

The Law Commission of Ontario is undertaking an ambitious review of class action legislation, rules, procedures and practices in Ontario, focussing on procedural efficiency and effectiveness.

This morning, the Law Commission of Ontario released its list of “Issues to be Considered” by the Class Actions Project Advisory Group. That list of issues includes, among others:

• Whether and how to facilitate national classes
• Improving procedural efficiency, including in the test for certification and evidentiary requirements, appeal routes, the order in which motions should be heard, and carriage motions
• Whether Ontario should become a “no-costs” class action jurisdiction rather than a “loser-pays” jurisdiction (see our earlier post)
• The policy and jurisprudence surrounding cy près, reversion and forfeiture in settlements
• The rate of take-up by class members, and whether and how notices to the class can improve take-up rates
• The Class Proceedings Fund, its policy and funding framework and its sustainability (see our earlier post)
• Whether and when third party funding creates a risk of conflict of interest
• Waiver of tort, what it is and whether and how it should be used
• Securities class actions and how common law and statutory causes of action interact

The Class Actions Project Advisory Group’s next step is to develop a methodology to collect empirical evidence and stakeholder views. With the new guidance from the Supreme Court of Canada in four cases released late last year (the trilogy and AIC Limited v Fischer) and the Law Commission’s project on class actions, 2014 promises to be an interesting year in Ontario class action practice.