May 31 deadline approaching for comments on the Law Commission of Ontario’s class actions consultation paper

The Law Commission of Ontario’s class actions project is currently accepting submissions on its consultation paper from interested stakeholders, including corporations, organizations, practitioners and individuals.

As the most comprehensive assessment of Ontario’s Class Proceedings Act to date, the project aims to survey the experience of class actions with Ontario, and to provide “an independent and practical analysis of class actions from the perspective of their three objectives: access to justice, judicial economy, and deterrence.”[1] The project’s recommendations may help to shape class action reform in Ontario.

Following interviews of 60 individuals and organizations to obtain diverse views on class actions, the project recently published a consultation paper that sets out the feedback received to date, and identifies the following 10 primary issues for consultation:

  1. Delay
  2. Settlement Distribution and Transparency of Outcomes
  3. Costs
  4. Court Approval of Plaintiff Counsel Fees and Settlements
  5. Certification
  6. Behaviour Modification
  7. Perspectives of Class Members
  8. National Coordination and Carriage
  9. Leave to Appeal
  10. Pre-Trial and Trial Issues

The paper also asks whether there are provisions of the Class Proceedings Act that need updating to more accurately reflect current jurisprudence and practice, and requests stakeholders to provide specific recommendations.

Interested stakeholders are encouraged to review the consultation paper and to provide their feedback  to the Law Commission of Ontario by Friday, May 31, 2018.




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