The Law Commis sion of Ontario is undertaking an ambitious review of class action legislation, rules, procedures and practices in Ontario, focussing on procedural efficiency and effectiveness.
- Whether and how to facilitate national classes
- Improving procedural efficiency, including in the test for certification and evidentiary requirements, appeal routes, the order in which motions should be heard, and carriage motions
- Whether Ontario should become a “no-costs” class action jurisdiction rather than a “loser-pays” jurisdiction (see our earlier post)
- The policy and jurisprudence surrounding cy près, reversion and forfeiture in settlements
- The rate of take-up by class members, and whether and how notices to the class can improve take-up rates
- The Class Proceedings Fund, its policy and funding framework and its sustainability (see our earlier post)
- Whether and when third party funding creates a risk of conflict of interest
- Waiver of tort, what it is and whether and how it should be used
- Securities class actions and how common law and statutory causes of action interact
The Class Actions Project Advisory Group’s next step is to develop a methodology to collect empirical evidence and stakeholder views. With the new guidance from the Supreme Court of Canada in four cases released late last year (the trilogy and AIC Limited v Fischer) and the Law Commission’s project on class actions, 2014 promises to be an interesting year in Ontario class action practice.