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ARTICLE · 19 JULY 2018

Class Actions Made Easy: Bill 21 Amendments Burnish British Columbia's "Friendly Forum" Reputation

Stikeman Elliott LLP
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British Columbia has long been known as one of Canada's friendlier jurisdictions for class proceedings.

CanadaLitigation, Mediation & Arbitration
Darlene Crimeni
Darlene Crimeni
Samaneh Hosseini
Samaneh Hosseini
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  • British Columbia has long been known as one of Canada's friendlier jurisdictions for class proceedings.
  • Until now, this reputation has largely been due to the province's "no cost" regime, under which an unsuccessful representative plaintiff on a certification motion does not have to pay the defendant's legal costs (with a few exceptions).
  • Recent amendments to the Class Proceedings Act, known as "Bill 21", may make British Columbia an even more attractive forum for the initiation of class proceedings by making it easier to include residents of other Canadian jurisdictions in the plaintiff class.

What the Bill 21 Amendments Do

On May 17, 2018, Bill 21 (the Class Proceedings Amendment Act, 2018  ) received Royal Assent, having been passed by the B.C. Legislative Assembly in April. Once its provisions are proclaimed in force, Bill 21 will amend the existing CPA to:

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