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ARTICLE · 14 JULY 2020

Major Changes To Ontario's Class Proceedings Act

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On July 8, 2020, Bill 161 received Royal Assent. The amendments to the Class Proceedings Act, 2002 contained in Bill 161 will come into force and effect on a date to be determined by proclamation of the Lieutenant Governor.

CanadaLitigation, Mediation & Arbitration
Scott Kugler
Scott Kugler
Marco Romeo
Marco Romeo
Heather Fisher
Heather Fisher
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On July 8, 2020, Bill 161 received Royal Assent. The amendments to the Class Proceedings Act, 2002 (the "amended CPA") contained in Bill 161 will come into force and effect on a date to be determined by proclamation of the Lieutenant Governor.

Summary of the Key Changes

The amendments to the CPA introduced by Bill 161 will help to ensure that cases proceed more quickly, provide more opportunities for frivolous claims to be dismissed at an earlier stage, and provide the courts with a balanced framework within which to better assess whether claims are truly well-suited for certification as a class action. Bill 161 also introduces changes to appeal rights regarding certification decisions, which balance the rights of plaintiffs and defendants. The amendments also provide for claims to be dismissed if they are dormant for an extended period of time and for plaintiffs to bear the costs of notice of certification, recognizing that it is the plaintiffs who seek to pursue

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