The Law Commission Of Ontario Considers Class Actions—Are Changes Needed?

The Law Commission of Ontario (LCO) recently released a list of issues to be considered as part of its comprehensive review of Ontario's Class Proceedings Act, 1992¹ (CPA). While the saying goes, "If it ain't broke, don't fix it," it is apparent there are a number of issues with Ontario's class actions regime that the LCO believes should be considered. 

Background

This will be the first review of the CPA following its enactment more than 20 years ago.

In the past 20 years, a number of cases pursuant to the CPA have made their way through the courts, raising many issues for consideration and providing a sizable sample for the review.

In addition, more recent developments, such as the emergence of commercial funding of class actions by third parties and the rise of novel causes of action that have proceeded to certification, have changed the lay of the land for class actions. These developments will inform the LCO's review of the CPA, with a view to determining