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The Law Commission of Ontario Sets the Stage for Class Action Reform


On Friday March 9, 2018, the Law Commission of Ontario (LCO) released its consultation paper on class action reform. The Commission is accepting feedback on the questions posed in the report until May 11, 2018.

Key Takeaways

  • Twenty-five years have passed since the last comprehensive reform of class action proceedings. The LCO’s class actions project is the first independent, evidence-based, and comprehensive review of class actions in Ontario since the enactment of the Class Proceedings Act in 1993.
  • The LCO’s Class Action Project may result in proposed law reform. The LCO intends to survey the experience with class actions in Ontario and provide an independent practical analysis of class actions, focusing on access to justice, judicial economy, and deterrence.
  • The Consultation Paper requests feedback on several key areas of potential class action reform. These areas include: delay, certification motion, settlement and fee approval, and costs rules.

A copy of the LCO’s consultation paper can be found here.

Cassels Brock will continue to monitor these developments and provide updates.

If you have any questions concerning the LCO’s initiative, or class actions generally, please contact Derek Ronde, John M. Picone, Stephanie Voudouris, or any other member of the Class Actions Group.

This publication is a general summary of the law. It does not replace legal advice tailored to your specific circumstances.