On December 9, 2019, Attorney General Doug Downey tabled Bill 161, the Smarter and Stronger Justice
Act, 2019 (Bill 161), in the Legislative Assembly of
Ontario. Bill 161 introduces a comprehensive overhaul to
regulations on Ontario’s justice system.
As a part of the suggested reforms, Bill 161 proposes a list of
modifications and new additions to Ontario’s Class
Proceedings Act, 1992 (CPA), which has not been substantially
updated in over 25 years. While the numerous CPA amendments purport
to increase procedural efficiency and streamline class actions in
Ontario, by far the most significant is the introduction of a
“predominance” requirement to the test for
certification of a class action in Ontario.
