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ARTICLE · 30 JANUARY 2020

Proposed Changes To The Ontario Class Proceedings Act, 1992 Would Benefit Defendants And Their Insurers In Securities Class Actions

The Ontario government's recent announcement of proposed changes to Ontario's class proceedings legislation bodes well for defendants and their insurers.

CanadaLitigation, Mediation & Arbitration

The Ontario government's recent announcement of proposed changes to Ontario's class proceedings legislation bodes well for defendants and their insurers. If the amendments become law, they would provide greater latitude to defendants seeking to narrow or dismiss claims prior to certification, make certification a somewhat steeper hill for class counsel to climb, and provide mechanisms to prevent duplicative multi-jurisdictional class actions from proceeding in Ontario. Details of certain of these proposed changes include the following:

Early dismissal motions and dismissal for delay

Prior to the motion for certification, motions by defendants that may dispose of the proceeding in whole or in part or narrow the issues to be determined would be permitted. Currently, Ontario courts tend to discourage motions of this nature prior to certification. This is a welcome change for defendants. As well, a proceeding could be dismissed if, by the first anniversary of the day

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