The Ontario government this week introduced the Smarter and
Stronger Justice Act, 2019
(“Act”). In addition to other broad
changes, the Act, which has not yet become law, contains
significant amendments to the Class Proceedings Act, 1992.
Some of the more significant changes which could affect class
proceedings are outlined below.
Registration of Class Proceedings
Any person who commences a class proceeding will be required to
register it that same day in accordance with regulations to be
later made under the Act. Proof of registration will also be
required in one of the affidavits filed in the motion for
certification. It is anticipated that the registration requirements
will likely involve registering the class action with the Class
Action Database of the Canadian Bar Association.