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ARTICLE · 28 AUGUST 2024

Statutory Amendments To Certification Test: Banman v Ontario, 2023 ONSC 6187

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Approximately four years have passed since the new amendments to Ontario's Class Proceedings Act, 1992 came into force. One of the most significant amendments was...

CanadaLitigation, Mediation & Arbitration
Cheryl Woodin
Cheryl Woodin
Sidney (Sid) Brejak
Sidney (Sid) Brejak
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Approximately four years have passed since the new amendments to Ontario's Class Proceedings Act, 1992 came into force. One of the most significant amendments was the addition of subsection 5(1.1) to the preferable procedure criterion set out in section 5(1)(d).

Previously, certification required the plaintiff to provide some basis in fact that the class action is the preferable procedure for resolving the complaint, in that the class action must be: (1) fair, efficient and manageable; and (2) preferable to any other available method of resolution. The amendments added two additional requirements, stipulating that a class action will be deemed preferable for resolving common issues “only if, at a minimum”: (i) the class action is superior to all reasonably available alternative resolution procedures; and (ii) the common issues predominate over individual issues.

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