Class Action Law In Ontario Canada - A New Playbook 20 Years In The Making

On this the twentieth anniversary of the Class Proceedings Act, 1992 two recent Ontario Court decisions may significantly change Class Action litigation in Ontario and by implication across Canada. The decisions remind us that the law is fluid and procedural conventions are subject to change. The first decision clarifies when a Statement of Defence must be delivered. The second deals with limitation periods. Both cases are likely to increase pre-certification motions practice as the class action playbook continues to be revised.

Has the End of the Pleadings Convention Arrived?

The Court in Pennyfeather v. Timminco Limited 2011 ONSC 4257 S.C.J. ("Pennyfeather") challenges the convention of excusing defendants from delivering a Statement of Defence until after certification. Prior to Pennyfeather, parties and the Courts routinely postponed closing pleadings (including not requiring a Statement of Defence) until after certification of a Class Action on the basis that