British Columbia Proposes Significant Legislative Amendments To "Modernize" Class Proceedings In The Province

On April 23, 2018, the Attorney General of British Columbia announced that the government was tabling major amendments to the Class Proceedings Act, R.S.B.C. 1996, c. 50. The proposed amendments will 1) switch BC from an "opt in" to an "opt out" jurisdiction and 2) establish a framework for the certification of multi-jurisdictional class proceedings. If enacted, the amendments will have significant consequences for both current and future class proceedings in the province.

Opt-out regime

All class proceedings statutes provide a mechanism by which potential class members can exclude themselves from a class. Most jurisdictions in Canada have opt-out regimes, whereby both resident and non-resident class members must opt out of the action if they do not want to be bound by the proceedings. Opt-out regimes are generally considered to be more plaintiff-friendly, in that they involve larger classes and thus larger potential claims against defendants.