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ARTICLE · 10 JUNE 2024

Federal Court Is Reviewing Its Class Action Rules

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The Federal Court Rules Committee is conducting a review of the Federal Court Rules, and is considering changes to the rules applicable to class actions...

CanadaLitigation, Mediation & Arbitration
Katherine Booth
Katherine Booth
Andrew Froh
Andrew Froh
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The Federal Court Rules Committee is conducting a review of the Federal Court Rules, and is considering changes to the rules applicable to class actions to "reflect procedural changes in the provinces" and, in particular, the 2020 amendments made to Ontario's Class Proceedings Act.

The Ontario amendments introduced a stricter test for certification by adding superiority and predominance requirements, and introduced a requirement that dispositive motions would by default be heard before or with certification unless ordered otherwise. The Ontario amendments also added rules regarding carriage motions, third-party funding, and mandatory dismissal of proposed class proceedings for delay. You can read Bennett Jones' summary of the Ontario amendments here.

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