On July 17, 2019, the Law Commission of Ontario
("LCO") released its final report
recommending changes to Ontario's class action legislation and
practice (the "Report").1 The Report
is the final product of a 24-month process in which the LCO
consulted with various stakeholders across Ontario. The more than
40 recommendations proposing amendments to the Class
Proceedings Act2 (the "CPA")
and related policies focus mainly on improving access to justice by
lowering costs and minimizing delays. The Report will be formally
submitted to the Attorney General of Ontario, and the provincial
government will decide on a response, if any, to the
recommendations in the Report.
The Report addresses a broad cross-section of issues, including
the process for initiating a class action, certification,
settlement approval and distribution, counsel fees, costs, and
monitoring/reporting on class actions. In total, the LCO made 47
recommendations aimed at improving judicial efficacy,