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ARTICLE · 05 OCTOBER 2020

Material Changes To Ontario's Class Proceedings Act – What You Need To Know

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On October 1, 2020, key changes to Ontario's class action legislation came into force. The Smarter and Stronger Justice Act, 2020 (Bill 161) received royal assent on July 8, 2020.

CanadaLitigation, Mediation & Arbitration
Samantha Gordon
Samantha Gordon
Lisa Parliament
Lisa Parliament
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On October 1, 2020, key changes to Ontario's class action legislation came into force.  The Smarter and Stronger Justice Act, 2020 (Bill 161) received royal assent on July 8, 2020.  The changes are part of the first material update to Ontario's Class Proceedings Act (CPA) since the CPA's introduction almost thirty years ago and are intended to effect material changes to Ontario's class action landscape. 

KEY TAKEAWAYS

The CPA amendments implement sweeping changes to existing class action practice in Ontario.  Among the more commented-upon changes are material changes to the minimum test for certification, which now include a minimum requirement the court be satisfied that (i) issues common to the claims predominate over individual issues; and (ii) the proposed class action is superior to all reasonably available means of determining the entitlement of the class members to relief or addressing the impugned conduct of the defendant.    

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The foregoing provides only an overview and does not constitute legal advice. Readers are cautioned against making any decisions based on this material alone. Rather, specific legal advice should be obtained.

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