The Federal Court Rules Committee is conducting a review of the Federal Court Rules, and is considering changes to the rules applicable to class actions to "reflect procedural changes in the provinces" and, in particular, the 2020 amendments made to Ontario's Class Proceedings Act.
The Ontario amendments introduced a stricter test for certification by adding superiority and predominance requirements, and introduced a requirement that dispositive motions would by default be heard before or with certification unless ordered otherwise. The Ontario amendments also added rules regarding carriage motions, third-party funding, and mandatory dismissal of proposed class proceedings for delay. You can read Bennett Jones' summary of the Ontario amendments here.
If changes to the Federal Court's rules are made to align them more closely with Ontario's class action procedure, the Federal Court may become a more challenging forum for plaintiffs to pursue class proceedings. It could also result in a further shifting in the Canadian class action landscape. After the Ontario amendments came into effect in 2020, there was a relative increase in class action filings in other provinces, notably British Columbia.
The Federal Court Rules Committee is receiving input on the potential changes until July 2, 2024.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
