Defending Consumer Protection Class Actions In Canada

Consumer protection class actions are increasing across Canada. These actions typically combine breach of consumer protection legislation claims with other potentially applicable causes of actions, such as contraventions of other statutes, breach of contract, negligence and unjust enrichment. Several recent decisions have addressed the certification issues raised by these actions, and some of these claims have been determined on the merits.

Below are key highlights of recent topics and trends in consumer class actions in Canada:

1. Consumer class actions remain the most common type of class action with nearly 200 cases filed across Canada since the beginning of 2020.
2. Some judges are increasingly prepared to meticulously examine a plaintiff's claims at the certification stage in light of the differing statutory requirements between provincial and territorial consumer protection statutes. In some cases, judges have either narrowed the scope or refused to certify