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.
Please note that this publication presents an overview of notable legal trends and related updates. It is intended for informational purposes and not as a replacement for detailed legal advice. If you need guidance tailored to your specific circumstances, please contact one of the authors to explore how we can help you navigate your legal needs.
For permission to republish this or any other publication, contact Amrita Kochhar at kochhara@bennettjones.com.