In recent years, several provinces have taken steps to prevent suppliers from restricting consumers’ access to the courts via class proceedings or otherwise. In 2025, British Columbia joined the likes of Ontario, Québec, Alberta and Saskatchewan and introduced amendments to its consumer protection legislation (the Business Practices and Consumer Protection Act) prohibiting class action waiver provisions (which limit the ability of consumers to institute or be part of a class action) and dispute resolution provisions (requiring all disputes to be arbitrated) in consumer contracts.
Plaintiffs in proposed class actions often seek to rely on these types of restrictions under consumer protection statutes to resist the enforcement of class action waiver and arbitration clauses. But these consumer protection statutes are provincial legislation, not federal. So, what about cases in Federal Court under federal law? Can a supplier defendant in a consumer class proceeding brought in the Federal
