Join the Conversation: Isn't It Time for Class Action Reform?

Co-authored by Christiaan A. Jordaan and published in the Annual Review of Civil Litigation 2012, Justices Archibald and Echlin, eds. (Toronto: Carswell, 2012). The enactment of Ontario's Class Proceedings Act, 1992 (the "CPA") inaugurated the modern era for class actions in Canada's common law provinces. Nearly 20 years later, the CPA remains virtually unchanged. Given its significance, the lack of any significant conversation to date about "fine tuning" the legislation is puzzling. The authors argue that the low evidentiary standard for certification which has developed in the case law undermines the purposes of the CPA, and that the certification of novel causes of action such as "waiver of tort" exacerbates the problem. The authors propose a recalibration of the CPA to address these issues, along with countervailing changes to preserve access to justice.