CANADA Law and Practice Contributed by: David Gadsden, John Pirie, Brendan O’Grady and Anton Rizor, Baker McKenzie
5. Key Trends 5.1 Impact of Key Trends
Ontario lawmakers have adopted some but not all of these recommendations and significantly amended Ontario’s class action regime in 2020. For example, Ontario introduced modifications to the certification test, mandatory dismissals for a delay to certify the class action within a specified time-frame, and chang- es to the appeal routes of certification decisions. Other provinces are reviewing their class action regimes. For example, in 2021, the Law Reform Com- mission of Saskatchewan published a consultation report that identified several areas of potential reform in light of the Ontario Report. Similarly, in 2021, Quebec began a public consultation with a view to class action reform following a Septem- ber 2019 report by the Université de Montréal Class Action Laboratory, which called for more active case management and a review of the authorisation (Que- bec’s equivalent of certification) regime. See 5.1 Impact of Key Trends . 4.2 Legislative Reform See 4.1 Policy Development and 5.1 Impact of Key Trends .
A common theme among the proposed reforms is addressing delays in class actions. The COVID-19 pandemic exacerbated a significant backlog in Cana- dian courts, which continues to persist. Reform pro- posals intend to increase the efficiency of the class action process, eliminating dormant class proceed- ings and resolving cases more expeditiously. Separately, in spring 2025, the Ontario Civil Rules Review Working Group released a proposal for major reforms to the civil justice system in Ontario, which will impact the conduct of class proceedings. One significant proposal is to replace discovery (which involves production of all relevant documents and oral examinations) with a targeted exchange of evidence. Consultation remains ongoing; however, new rules could be implemented as early as 2026 and, in any event, significant changes to the civil justice system are anticipated. Class actions related to environmental, social and governance issues are expected to become increas- ingly popular. Class action claims for environmental damages have been common for years in Canada. Numerous class actions have sought redress for mistreatment of First Nations and Aboriginal groups, systemic discrimination and harassment by the police and armed services, “greenwashing” and other envi- ronmental, social and governance issues.
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