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ARTICLE · 04 NOVEMBER 2022

ONCA Confirms Test For Opt-Out Period Extension In Class Actions

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In Johnson v Ontario, 2022 ONCA 725, the Court of Appeal for Ontario confirmed the test governing the court's discretion to extend the time to opt out of a class action.

CanadaLitigation, Mediation & Arbitration
Andrea S. Levstik
Andrea S. Levstik
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In Johnson v Ontario, 2022 ONCA 725, the Court of Appeal for Ontario confirmed the test governing the court's discretion to extend the time to opt out of a class action.

In order to be granted an extension to opt out of a class proceeding, a class member must demonstrate (1) "excusable neglect"; and (2) that the extension will not prejudice the class, the defendant, or the administration of justice.

BACKGROUND

Johnson involved a consolidated class action brought on behalf of persons incarcerated at the Elgin-Middlesex Detention Centre ("EMDC") during a defined class period. The action sought declaratory relief and damages for negligence and violations of the Canadian Charter of Rights and Freedoms arising from the conditions, operations, and management of EMDC.

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