Class Actions: Objectives, Experiences and Reforms (Final Report)

Law Commission of Ontario, Class Actions: Objectives, Experiences and Reforms: Final Report, Toronto: July 2019

139 Pages Posted: 27 Jan 2020

See all articles by Jasminka Kalajdzic

Jasminka Kalajdzic

University of Windsor - Faculty of Law

Catherine Piché

University of Montreal - Law School

Nye Thomas

affiliation not provided to SSRN

Fran Carnerie

Government of Canada - Ministry of Attorney General

Susan Lindsay

affiliation not provided to SSRN

Amita Vulimiri

Government of Canada - Ministry of Attorney General

Date Written: July 7, 2019

Abstract

In 2017, the Law Commission of Ontario (LCO) initiated an independent study to consider Ontario’s experience with class actions since the enactment of the Class Proceedings Act, 1992 (CPA). During this period, class actions have grown significantly in volume, complexity, and impact in Ontario and across Canada. Class actions also have systemic implications for access to justice, court procedures and efficiency, and government and corporate liability. Finally, this form of litigation has had major financial, policy and even cultural implications across the country.

Following an intensive 18-month research project that included over 100 interviews with stakeholders and an empirical examination of Ontario cases, the LCO published its final report, and made over 40 recommendations for amendment and reform of the CPA. It is the first review of the CPA since the Act's inception, and the most detailed examination of class actions in Canada in three decades.

Keywords: Class Actions, Litigation, Access to Justice, Law Reform

JEL Classification: K41

Suggested Citation

Kalajdzic, Jasminka and Piché, Catherine and Thomas, Nye and Carnerie, Fran and Lindsay, Susan and Vulimiri, Amita, Class Actions: Objectives, Experiences and Reforms (Final Report) (July 7, 2019). Law Commission of Ontario, Class Actions: Objectives, Experiences and Reforms: Final Report, Toronto: July 2019, Available at SSRN: https://ssrn.com/abstract=3512227 or http://dx.doi.org/10.2139/ssrn.3512227

Jasminka Kalajdzic (Contact Author)

University of Windsor - Faculty of Law ( email )

401 Sunset Avenue
Windsor, Ontario N9B 3P4 N9B 3P4
Canada

Catherine Piché

University of Montreal - Law School ( email )

3101 Chemin de la Tour
Montreal, Quebec H3T 1B9
Canada
514-343-7052 (Phone)

HOME PAGE: http://https://www.catherinepiche.ca/

Nye Thomas

affiliation not provided to SSRN

Fran Carnerie

Government of Canada - Ministry of Attorney General

McMurtry-Scott Bldg
4th Floor, 720 Bay Street
Toronto, Ontario M7A 2S9
Canada

Susan Lindsay

affiliation not provided to SSRN

Amita Vulimiri

Government of Canada - Ministry of Attorney General

McMurtry-Scott Bldg
4th Floor, 720 Bay Street
Toronto, Ontario M7A 2S9
Canada

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