Ontario's Revamped Class Proceedings Landscape To Begin Taking Shape

For the first time in 25 years, substantive amendments have been made to Ontario's Class Proceedings Act, 1992 (CPA). These changes apply to any class action started on or after October 1, 2020.

While the new amendments to the CPA aim to improve procedural efficiency and streamline the class action process, the major change is the introduction of a stricter certification test for class actions in Ontario. Previously, certification under the CPA required showing that a class action be the preferable procedure to resolve the common issues between members of the class. The amended CPA now requires that the proposed class action be a superior way to determine the rights or entitlement of class members, and that questions of fact or law common to the class members predominate over the individual issues.