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The LCO’s class actions project is the first independent, evidence-based, and comprehensive review of class actions in Ontario since the enactment of the Class Proceedings Act in 1993. The project will provide an independent and practical analysis of class actions in Ontario.
Ontario’s Class Proceedings Act is almost 25 years old. During this period, class actions have grown dramatically in volume, complexity, and impact in Ontario and across Canada. Class action proceedings have significant policy and financial implications for both potential class members and potential class action defendants. Class action issues also have systemic implications for access to justice, court procedures and efficiency, and government and corporate liability.
The LCO’s class action project considers Ontario’s experience with class actions since the enactment of the Class Proceedings Act in 1993. The project has two main objectives:
- Survey the experience with class actions in Ontario, and
- Provide an independent and practical analysis of class actions from the perspective of their three objectives: access to justice, judicial economy, and deterrence.
The project will produce an independent, balanced, and authoritative final report on class actions issues. The report may make recommendations for law reform where appropriate to do so.
On March 9, 2018, we released our consultation paper. The consultation period ended on May 31, 2018. We are pleased to announce the Commission has received more than 20 public submissions. The submissions are available on the LCO website. The LCO expects to post a small number of additional submissions in July. The submissions represent the views of a broad cross-section of stakeholders.
- On October 2, 2017, we announced the launch of the new class actions project.
- The LCO retained two Principal Researchers to lead the project:
- The LCO appointed an expert Reference Group:
- The Honourable Stephen T. Goudge, Chair of the Reference Group and Board of Governors Liaison
- Marie Audren, Partner, Audren Rolland LLP
- Tim Buckley, Partner, Borden Ladner Gervais LLP
- Michael A. Eizenga, Partner, Bennett Jones LLP
- Professor Trevor C. W. Farrow, Osgoode Hall Law School
- André Lespérance, Partner, Trudel, Johnston and Lesperance
- Celeste Poltak, Partner, Koskie Minsky LLP
- Linda Rothstein, Partner, Paliare Roland Rosenberg Rothstein
- The LCO has also established a Technical Advisory Committee to assist with the empirical component of this project. This group includes:
The empirical component development is being assisted by Run Straight Consulting Ltd.
- From November 2017, until early January 2018, we conducted Stage One interviews. The LCO interviewed 60 individuals and organizations from a broad range of perspectives about class actions. An overview of what we heard during this stage is included in the consultation paper.
- On March 9, 2018 we released the consultation paper and launched our formal consultation stage. We invite members of the legal profession, legal organizations, governments, public and private organizations, academics and everyday Ontarians with an interest in class actions laws to share their experiences with us. The consultation stage ended on May 31, 2018.
- We are pleased to announce the Commission has received more than 20 public submissions. The submissions are available on the LCO website.