Class Proceedings Act, 1992

Bills that amended this Act0

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Sections95

• 1Definitions

  1 (1) In this Act, “common issues” means, (a) common but not necessarily identical issues of fact, or (b) common but not necessarily identical issues of law that arise from common but not necessarily identical facts; (“questions communes”) “court” means the Superior Court of Justice but does not include the Small Claims Court; (“tribunal”) “defendant” includes a respondent; (“défendeur”) “Minister” means the Attorney General or such other member of the Executive Council to whom the administration of this Act is assigned under the Executive Council Act; (“ministre”) “multi-jurisdictional class proceeding” means a proceeding, (a) brought on behalf of a class of persons that includes residents from two or more provinces or territories of Canada, and (b) certified as a class proceeding under this Act or under the law of another Canadian jurisdiction, as the case may be; (“recours collectif m…

• 1.
• 1.1Determining same or similar subject matter

  1.1 A determination under this Act as to whether two or more proceedings involve the same or similar subject matter shall include consideration of whether the proceedings involve the same or similar causes of action and the same or affiliated defendants. 2020, c. 11, Sched. 4, s. 2. Section Amendments with date in force (d/m/y) 2020, c. 11, Sched. 4, s. 2 - 01/10/2020

• 2.
• 2Plaintiff’s class proceeding

  2 (1) One or more members of a class of persons may commence a proceeding in the court on behalf of the members of the class. 1992, c. 6, s. 2 (1). Registration of proceeding (1.1) A person who commences a proceeding under subsection (1) shall register the proceeding in accordance with the regulations. 2020, c. 11, Sched. 4, s. 3 (1). Motion for certification (2) A person who commences a proceeding under subsection (1) shall make a motion to a judge of the court for an order certifying the proceeding as a class proceeding and appointing the person representative plaintiff. 1992, c. 6, s. 2 (2); 2020, c. 11, Sched. 4, s. 3 (2). Proof of registration (3) The person shall, in an affidavit filed for use on the motion for certification, provide proof that the proceeding was registered in accordance with subsection (1.1). 2020, c. 11, Sched. 4, s. 3 (3). Notice of certification motion to other…

• 3.
• 3Defendant’s class proceeding

  3 A defendant to two or more proceedings may, at any stage of one of the proceedings, make a motion to a judge of the court for an order certifying the proceedings as a class proceeding and appointing a representative plaintiff. 1992, c. 6, s. 3; 2020, c. 11, Sched. 4, s. 4. Section Amendments with date in force (d/m/y) 2020, c. 11, Sched. 4, s. 4 - 01/10/2020

• 4.
• 4Classing defendants

  4 Any party to a proceeding against two or more defendants may, at any stage of the proceeding, make a motion to a judge of the court for an order certifying the proceeding as a class proceeding and appointing a representative defendant. 1992, c. 6, s. 4; 2020, c. 11, Sched. 4, s. 5. Section Amendments with date in force (d/m/y) 2020, c. 11, Sched. 4, s. 5 - 01/10/2020

• 5.
• 4.1Early resolution of issues

  4.1 If, before the hearing of the motion for certification, a motion is made under the rules of court that may dispose of the proceeding in whole or in part, or narrow the issues to be determined or the evidence to be adduced in the proceeding, that motion shall be heard and disposed of before the motion for certification, unless the court orders that the two motions be heard together. 2020, c. 11, Sched. 4, s. 6. Section Amendments with date in force (d/m/y) 2020, c. 11, Sched. 4, s. 6 - 01/10/2020

• 6.
• 5Certification

  5 (1) The court shall, subject to subsection (6) and to section 5.1, certify a class proceeding on a motion under section 2, 3 or 4 if, (a) the pleadings or the notice of application discloses a cause of action; (b) there is an identifiable class of two or more persons that would be represented by the representative plaintiff or defendant; (c) the claims or defences of the class members raise common issues; (d) a class proceeding would be the preferable procedure for the resolution of the common issues; and (e) there is a representative plaintiff or defendant who, (i) would fairly and adequately represent the interests of the class, (ii) has produced a plan for the proceeding that sets out a workable method of advancing the proceeding on behalf of the class and of notifying class members of the proceeding, and (iii) does not have, on the common issues for the class, an interest in confli…

• 7.
• 5.1Motion to certify, multi-jurisdictional class proceeding

  5.1 (1) The court may make any order it considers appropriate on a motion to certify a multi-jurisdictional class proceeding, including, (a) certifying the proceeding if, (i) the conditions set out in subsection 5 (1) are met, and (ii) the court determines, having regard to subsections 5 (6) and (7), that Ontario is the appropriate venue for the proceeding; (b) refusing to certify the proceeding if the court determines that it should proceed as a multi-jurisdictional class proceeding or proposed multi-jurisdictional class proceeding in another jurisdiction; or (c) refusing to certify the proceeding with respect to class members that the court determines may be included as class members in a class proceeding or proposed class proceeding in another Canadian jurisdiction. 2020, c. 11, Sched. 4, s. 8. Same (2) In making an order under clause (1) (a), the court may, (a) divide the class into …

• 8.
• 6Certain matters not bar to certification

  6 The court shall not refuse to certify a proceeding as a class proceeding solely on any of the following grounds: 1. The relief claimed includes a claim for damages that would require individual assessment after determination of the common issues. 2. The relief claimed relates to separate contracts involving different class members. 3. Different remedies are sought for different class members. 4. The number of class members or the identity of each class member is not known. 5. The class includes a subclass whose members have claims or defences that raise common issues not shared by all class members. 1992, c. 6, s. 6; 2020, c. 11, Sched. 4, s. 9. Section Amendments with date in force (d/m/y) 2020, c. 11, Sched. 4, s. 9 - 01/10/2020

• 9.
• 10.
• 7Refusal to certify

  7 (1) If the court refuses to certify a proceeding as a class proceeding, the court shall consider whether notice of the refusal should be given under section 19, and whether such notice should include, (a) an account of the conduct of the proceeding; (b) a statement of the result of the proceeding; (c) any other prescribed information; and (d) any other information the court considers appropriate. 2020, c. 11, Sched. 4, s. 10. Proceeding may continue in altered form (2) If the court refuses to certify a proceeding as a class proceeding, the court may permit the proceeding to continue as one or more proceedings between different parties and, for the purpose, the court may, (a) order the addition, deletion or substitution of parties; (b) order the amendment of the pleadings or notice of application; and (c) make any further order that it considers appropriate. 2020, c. 11, Sched. 4, s. 10…

• 11.
• 7 #10Refusal to certify
• 8Contents of certification order

  8 (1) An order certifying a proceeding as a class proceeding shall, (a) describe the class; (b) state the names of the representative parties; (c) state the nature of the claims or defences asserted on behalf of the class; (d) state the relief sought by or from the class; (e) set out the common issues for the class; and (f) specify the manner in which class members may opt out of the class proceeding and a date after which class members may not opt out. 1992, c. 6, s. 8 (1); 2020, c. 11, Sched. 4, s. 11 (1). Subclass protection (2) Where a class includes a subclass whose members have claims or defences that raise common issues not shared by all the class members, so that, in the opinion of the court, the protection of the interests of the subclass members requires that they be separately represented, subsection (1) applies with necessary modifications in respect of the subclass. 1992, c.…

• 12.
• 9Opting out

  9 Any member of a class involved in a class proceeding may opt out of the proceeding in the manner and within the time specified in the certification order. 1992, c. 6, s. 9; 2020, c. 11, Sched. 4, s. 12. Section Amendments with date in force (d/m/y) 2020, c. 11, Sched. 4, s. 12 - 01/10/2020

• 10Where it appears conditions for certification not satisfied

  10 (1) On the motion of a party or class member, where it appears to the court that the conditions mentioned in subsections 5 (1) and (2) are not satisfied with respect to a class proceeding, the court may amend the certification order, may decertify the proceeding or may make any other order it considers appropriate. 1992, c. 6, s. 10 (1); 2020, c. 11, Sched. 4, s. 13 (1). Proceeding may continue in altered form (2) Where the court makes a decertification order under subsection (1), the court may permit the proceeding to continue as one or more proceedings between different parties. 1992, c. 6, s. 10 (2); 2020, c. 11, Sched. 4, s. 13 (2). Powers of court (3) For the purposes of subsections (1) and (2), the court has the powers set out in clauses 7 (a) to (c). 1992, c. 6, s. 10 (3). Section Amendments with date in force (d/m/y) 2020, c. 11, Sched. 4, s. 13 (1, 2) - 01/10/2020

• 13.
• 11Stages of class proceedings

  11 (1) Subject to section 12, in a class proceeding, (a) common issues for a class shall be determined together; (b) common issues for a subclass shall be determined together; and (c) individual issues that require the participation of individual class members shall be determined individually in accordance with sections 24 and 25. 1992, c. 6, s. 11 (1). Separate judgments (2) The court may give judgment in respect of the common issues and separate judgments in respect of any other issue. 1992, c. 6, s. 11 (2).

• 14.
• 12Court may determine conduct of proceeding

  12 The court, on its own initiative or on the motion of a party or class member, may make any order it considers appropriate respecting the conduct of a proceeding under this Act to ensure its fair and expeditious determination and, for the purpose, may impose such terms on the parties as it considers appropriate. 2020, c. 11, Sched. 4, s. 14. Section Amendments with date in force (d/m/y) 2020, c. 11, Sched. 4, s. 14 - 01/10/2020

• 15.
• 13Court may stay any other proceeding

  13 The court, on its own initiative or on the motion of a party or class member, may stay any proceeding related to the proceeding under this Act before it, on such terms as it considers appropriate. 1992, c. 6, s. 13; 2020, c. 11, Sched. 4, s. 15. Section Amendments with date in force (d/m/y) 2020, c. 11, Sched. 4, s. 15 - 01/10/2020

• 16.
• 12 #16Court may determine conduct of proceeding
• 13.1Carriage motions

  13.1 (1) In this section, “carriage motion” means a motion for an order under this section. 2020, c. 11, Sched. 4, s. 16. Stay of other proceedings (2) Where two or more proceedings under this Act involve the same or similar subject matter and some or all of the same class members, the court may, on the motion of a representative plaintiff in one of the proceedings, order that one or more of the proceedings be stayed. 2020, c. 11, Sched. 4, s. 16. Timing (3) A carriage motion shall be made no later than 60 days after the day on which the first of the proceedings was commenced, and shall be heard as soon as is practicable. 2020, c. 11, Sched. 4, s. 16. Considerations (4) On a carriage motion, the court shall determine which proceeding would best advance the claims of the class members in an efficient and cost-effective manner, and shall, for the purpose, consider, (a) each representative …

• 17.
• 14Participation of class members

  14 (1) In order to ensure the fair and adequate representation of the interests of the class or any subclass or for any other appropriate reason, the court may, at any time in a proceeding under this Act, permit one or more class members to participate in the proceeding. 1992, c. 6, s. 14 (1); 2020, c. 11, Sched. 4, s. 17. Idem (2) Participation under subsection (1) shall be in whatever manner and on whatever terms, including terms as to costs, the court considers appropriate. 1992, c. 6, s. 14 (2). Section Amendments with date in force (d/m/y) 2020, c. 11, Sched. 4, s. 17 - 01/10/2020 Discovery

• 18.
• 15Discovery of parties

  15 (1) Parties to a class proceeding have the same rights of discovery under the rules of court against one another as they would have in any other proceeding. 1992, c. 6, s. 15 (1). Discovery of class members with leave (2) After discovery of the representative party, a party may move for discovery under the rules of court against other class members. 1992, c. 6, s. 15 (2). Idem (3) In deciding whether to grant leave to discover other class members, the court shall consider, (a) the stage of the class proceeding and the issues to be determined at that stage; (b) the presence of subclasses; (c) whether the discovery is necessary in view of the claims or defences of the party seeking leave; (d) the approximate monetary value of individual claims, if any; (e) whether discovery would result in oppression or in undue annoyance, burden or expense for the class members sought to be discovered;…

• 19.
• 16Examination of class members before a motion or application

  16 (1) A party shall not require a class member other than a representative party to be examined as a witness before the hearing of a motion or application, except with leave of the court. 1992, c. 6, s. 16 (1). Idem (2) Subsection 15 (3) applies with necessary modifications to a decision whether to grant leave under subsection (1). 1992, c. 6, s. 16 (2).

• 20.
• 17Notice of certification

  17 (1) Notice of certification of a class proceeding shall be given by the representative party to the class members in accordance with this section. 1992, c. 6, s. 17 (1); 2020, c. 11, Sched. 4, s. 18 (1). Court may dispense with notice (2) The court may dispense with notice if, having regard to the factors set out in subsection (3), the court considers it appropriate to do so. 1992, c. 6, s. 17 (2); 2020, c. 11, Sched. 4, s. 18 (2). Order respecting notice (3) The court shall make an order setting out when and by what means notice shall be given under this section and in so doing shall have regard to, (a) the cost of giving notice; (b) the nature of the relief sought; (c) the size of the individual claims of the class members; (d) the number of class members; (e) the places of residence of class members; and (f) any other relevant matter. 1992, c. 6, s. 17 (3); 2020, c. 11, Sched. 4, s…

• 21.
• 18Notice where individual participation is required

  18 (1) When the court determines common issues in favour of a class and considers that the participation of individual class members is required to determine individual issues, the representative party shall give notice to those members in accordance with this section. 1992, c. 6, s. 18 (1). Order respecting notice (2) The court shall make an order setting out when and by what means notice shall be given under this section, and in so doing shall have regard to the factors set out in subsection 17 (3). 2020, c. 11, Sched. 4, s. 19. Means of giving notice (3) The court may, for the purposes of subsection (2), order that notice be given by any of the following means or combination of the following means, and may order that notice be given to different class members by different means: 1. By any means referred to in paragraphs 1 to 4 of subsection 17 (4). 2. By any means that may be prescrib…

• 22.
• 19Notice to protect interests of affected persons

  19 (1) At any time in a proceeding under this Act, the court may order any party to give such notice as it considers necessary to protect the interests of any class member or party, or to ensure the fair conduct of the proceeding. 2020, c. 11, Sched. 4, s. 20. Order respecting notice (2) The court shall make an order setting out when and by what means notice shall be given under this section, and in so doing shall have regard to the factors set out in subsection 17 (3). 2020, c. 11, Sched. 4, s. 20. Means of giving notice (3) The court may, for the purposes of subsection (2), order that notice be given by any of the following means or combination of the following means, and may order that notice be given to different class members by different means: 1. By any means referred to in paragraphs 1 to 4 of subsection 17 (4). 2. By any means that may be prescribed. 3. By any other means the co…

• 23.
• 20Plain language

  20 (1) A notice under section 17, 18 or 19 shall be written in a plain language manner. 2020, c. 11, Sched. 4, s. 21. Bilingual (2) A notice under section 17, 18 or 19 shall be written in English and in French, unless the court orders otherwise. 2020, c. 11, Sched. 4, s. 21. Court approval (3) A notice under section 17, 18 or 19 shall be approved by the court before it is given. 2020, c. 11, Sched. 4, s. 21. Section Amendments with date in force (d/m/y) 2020, c. 11, Sched. 4, s. 21 - 01/10/2020

• 24.
• 21Delivery of notice

  21 The court may order a party to deliver, by whatever means are available to the party, the notice required to be given by another party under section 17, 18 or 19, where that is more practical. 1992, c. 6, s. 21.

• 25.
• 19 #25Notice to protect interests of affected persons
• 22Costs of notice

  22 (1) The court may make any order it considers appropriate as to the costs of any notice under section 17, 18 or 19, including an order apportioning costs among parties. 1992, c. 6, s. 22 (1). Exception, costs of notice of certification (1.1) Despite subsection (1), the costs of any notice under section 17 may be awarded to the representative plaintiff only in the event of success in the class proceeding, except to the extent the defendant consents to their payment in whole or in part at an earlier time, and, for greater certainty, shall not be ordered to be paid by the defendant at any earlier time in the proceeding absent the defendant’s consent. 2020, c. 11, Sched. 4, s. 22. Idem (2) In making an order under subsection (1), the court may have regard to the different interests of a subclass. 1992, c. 6, s. 22 (2). Section Amendments with date in force (d/m/y) 2020, c. 11, Sched. 4, s…

• 26.
• 23Statistical evidence

  23 (1) For the purposes of determining issues relating to the amount or distribution of a monetary award under this Act, the court may admit as evidence statistical information that would not otherwise be admissible as evidence, including information derived from sampling, if the information was compiled in accordance with principles that are generally accepted by experts in the field of statistics. 1992, c. 6, s. 23 (1). Idem (2) A record of statistical information purporting to be prepared or published under the authority of the Parliament of Canada or the legislature of any province or territory of Canada may be admitted as evidence without proof of its authenticity. 1992, c. 6, s. 23 (2). Notice (3) Statistical information shall not be admitted as evidence under this section unless the party seeking to introduce the information has, (a) given reasonable notice of it to the party agai…

• 27.
• 20 #27Plain language
• 24Aggregate assessment of monetary relief

  24 (1) The court may determine the aggregate or a part of a defendant’s liability to class members and give judgment accordingly where, (a) monetary relief is claimed on behalf of some or all class members; (b) no questions of fact or law other than those relating to the assessment of monetary relief remain to be determined in order to establish the amount of the defendant’s monetary liability; and (c) the aggregate or a part of the defendant’s liability to some or all class members can reasonably be determined without proof by individual class members. 1992, c. 6, s. 24 (1). Average or proportional application (2) The court may order that all or a part of an award under subsection (1) be applied so that some or all individual class members share in the award on an average or proportional basis. 1992, c. 6, s. 24 (2). Idem (3) In deciding whether to make an order under subsection (2), th…

• 28.
• 25Individual issues

  25 (1) When the court determines common issues in favour of a class and considers that the participation of individual class members is required to determine individual issues, other than those that may be determined under section 24, the court may, (a) determine the issues in further hearings presided over by the judge who determined the common issues or by another judge of the court; (b) appoint one or more persons to conduct a reference under the rules of court and report back to the court; and (c) with the consent of the parties, direct that the issues be determined in any other manner. 1992, c. 6, s. 25 (1). Directions as to procedure (2) The court shall give any necessary directions relating to the procedures to be followed in conducting hearings, inquiries and determinations under subsection (1), including directions for the purpose of achieving procedural conformity. 1992, c. 6, …

• 29.
• 26Judgment distribution

  26 (1) The court may direct any means of distribution of amounts awarded under section 24 or 25 that it considers appropriate. 1992, c. 6, s. 26 (1). Idem (2) In giving directions under subsection (1), the court may order that, (a) the defendant distribute directly to class members the amount of monetary relief to which each class member is entitled by any means authorized by the court, including abatement and credit; (b) the defendant pay into court or some other appropriate depository the total amount of the defendant’s liability to the class until further order of the court; and (c) any person other than the defendant distribute directly to class members the amount of monetary relief to which each member is entitled by any means authorized by the court. 1992, c. 6, s. 26 (2). Idem (3) In deciding whether to make an order under clause (2) (a), the court shall consider whether distribut…

• 30.
• 27Judgment on common issues

  27 (1) A judgment on common issues of a class or subclass shall, (a) set out the common issues; (b) name or describe the class or subclass members; (c) state the nature of the claims or defences asserted on behalf of the class or subclass; and (d) specify the relief granted. 1992, c. 6, s. 27 (1). Effect of judgment on common issues (2) A judgment on common issues of a class or subclass does not bind, (a) a person who has opted out of the class proceeding; or (b) a party to the class proceeding in any subsequent proceeding between the party and a person mentioned in clause (a). 1992, c. 6, s. 27 (2). Idem (3) A judgment on common issues of a class or subclass binds every class member who has not opted out of the class proceeding, but only to the extent that the judgment determines common issues that, (a) are set out in the certification order; (b) relate to claims or defences described i…

• 31.
• 27.1Settlement

  27.1 (1) A proceeding under this Act may be settled only with the approval of the court. 2020, c. 11, Sched. 4, s. 25. Subclass (2) A settlement may be concluded in relation to the common issues affecting a subclass only with the approval of the court. 2020, c. 11, Sched. 4, s. 25. Not binding without court approval (3) A settlement under this section is not binding unless approved by the court. 2020, c. 11, Sched. 4, s. 25. Effect of settlement (4) If a proceeding is certified as a class proceeding, a settlement under this section that is approved by the court binds every member of the class or subclass, as the case may be, who has not opted out of the class proceeding, unless the court orders otherwise. 2020, c. 11, Sched. 4, s. 25. Settlement must be fair and reasonable (5) The court shall not approve a settlement unless it determines that the settlement is fair, reasonable and in the…

• 32.
• 27.2Award amounts

  27.2 (1) The court may order that all or part of an award under section 24 that has not been distributed to class or subclass members within a time set by the court be paid to the person or entity determined under subsection (3) on a cy-près basis, if the court is satisfied that, using best reasonable efforts, it is not practical or possible to compensate class or subclass members directly. 2020, c. 11, Sched. 4, s. 25. Settlement funds (2) In approving a settlement under section 27.1, the court may approve settlement terms that provide for the payment of all or part of the settlement funds to the person or entity determined under subsection (3) on a cy-près basis, if the court is satisfied that, using best reasonable efforts, it is not practical or possible to compensate class or subclass members directly. 2020, c. 11, Sched. 4, s. 25. Recipient (3) For the purposes of subsections (1) a…

• 33.
• 27.3Subrogated claims

  27.3 (1) In this section, “subrogated claim” means a claim that is prescribed as a subrogated claim. 2020, c. 11, Sched. 4, s. 25. Notice of subrogated claim (2) No later than 21 days after a proceeding that includes or may include a subrogated claim is commenced under section 2, the person who commenced the proceeding shall serve the originating process on the person or entity specified by the regulations in respect of the subrogated claim for the purposes of this subsection. 2020, c. 11, Sched. 4, s. 25. Requirement for settlement approval (3) The court shall not approve the settlement of a proceeding under this Act that includes the settlement or release of a subrogated claim unless the person or entity specified by the regulations in respect of the subrogated claim for the purposes of this subsection has, before the hearing of the motion to approve the settlement of the proceeding, (…

• 34.
• 28Suspension in favour of class member

  28 (1) Any limitation period applicable to a cause of action asserted in a proceeding under this Act is suspended in favour of a class member on the commencement of the proceeding and, subject to subsection (2), resumes running against the class member when, (a) the court refuses to certify the proceeding as a class proceeding; (b) the court makes an order that the cause of action shall not be asserted in the proceeding; (c) the court makes an order that has the effect of excluding the member from the proceeding; (d) the member opts out of the class proceeding; (e) an amendment that has the effect of excluding the member from the class is made to the certification order; (f) a decertification order is made under section 10; (g) the proceeding is dismissed without an adjudication on the merits, including for delay under section 29.1 or otherwise; (h) the proceeding is abandoned or discont…

• 35.
• 29Court approval required

  29 (1) A proceeding under this Act may be discontinued or abandoned only with the approval of the court, on such terms as the court considers appropriate. 2020, c. 11, Sched. 4, s. 26. Notice (2) In approving a discontinuance or abandonment, or in dismissing a proceeding for delay, other than under section 29.1, the court shall consider whether notice should be given under section 19, and whether such notice should include, (a) an account of the conduct of the proceeding; (b) a statement of the result of the proceeding; (c) any other prescribed information; and (d) any other information the court considers appropriate. 2020, c. 11, Sched. 4, s. 26. Section Amendments with date in force (d/m/y) 2020, c. 11, Sched. 4, s. 26 - 01/10/2020

• 36.
• 29.1Mandatory dismissal for delay

  29.1 (1) The court shall, on motion, dismiss for delay a proceeding commenced under section 2 unless, by the first anniversary of the day on which the proceeding was commenced, (a) the representative plaintiff has filed a final and complete motion record in the motion for certification; (b) the parties have agreed in writing to a timetable for service of the representative plaintiff’s motion record in the motion for certification or for completion of one or more other steps required to advance the proceeding, and have filed the timetable with the court; (c) the court has established a timetable for service of the representative plaintiff’s motion record in the motion for certification or for completion of one or more other steps required to advance the proceeding; or (d) any other steps, occurrences or circumstances specified by the regulations have taken place. 2020, c. 11, Sched. 4, s.…

• 37.
• 30Appeals: certification

  30 (1) A party may appeal to the Court of Appeal from an order, (a) certifying or refusing to certify a proceeding as a class proceeding; or (b) decertifying a proceeding. 2020, c. 11, Sched. 4, s. 27 (1). No amendments of materials on appeal (2) The appellant may not materially amend the notice of certification motion, pleadings or notice of application on an appeal of an order refusing to certify a proceeding as a class proceeding, except with leave of the court in exceptional or unforeseen circumstances. 2020, c. 11, Sched. 4, s. 27 (1). Appeals: judgments on common issues and aggregate awards (3) A party may appeal to the Court of Appeal from a judgment on common issues and from an order under section 24, other than an order that determines individual claims made by class members. 1992, c. 6, s. 30 (3). Appeals by class members on behalf of the class (4) If a representative party doe…

• 38.
• 31Costs

  31 (1) In exercising its discretion with respect to costs under subsection 131 (1) of the Courts of Justice Act, the court may consider whether the proceeding was a test case, raised a novel point of law or involved a matter of public interest. 1992, c. 6, s. 31 (1); 2020, c. 11, Sched. 4, s. 28. Liability of class members for costs (2) Class members, other than the representative party, are not liable for costs except with respect to the determination of their own individual claims. 1992, c. 6, s. 31 (2). Small claims (3) Where an individual claim under section 24 or 25 is within the monetary jurisdiction of the Small Claims Court where the class proceeding was commenced, costs related to the claim shall be assessed as if the claim had been determined by the Small Claims Court. 1992, c. 6, s. 31 (3). Section Amendments with date in force (d/m/y) 2020, c. 11, Sched. 4, s. 28 - 01/10/2020

• 39.
• 28 #39Suspension in favour of class member
• 32Fees and disbursements

  32 (1) An agreement respecting fees and disbursements between a solicitor and a representative party shall be in writing and shall, (a) state the terms under which fees and disbursements shall be paid; (b) give an estimate of the expected fee, whether contingent on success in the class proceeding or not; and (c) state the method by which payment is to be made, whether by lump sum, salary or otherwise. 1992, c. 6, s. 32 (1). Court to approve agreements (2) An agreement respecting fees and disbursements between a solicitor and a representative party is not enforceable unless approved by the court, on the motion of the solicitor. 1992, c. 6, s. 32 (2). Fees must be fair and reasonable (2.1) The court shall not approve an agreement unless it determines that the fees and disbursements required to be paid under the agreement are fair and reasonable, taking into account, (a) the results achieve…

• 33Agreements for payment only in the event of success

  33 (1) A solicitor and a representative party may enter into a written agreement providing for payment of fees and disbursements only in the event of success in a class proceeding. 1992, c. 6, s. 33 (1); 2020, c. 11, Sched. 4, s. 30 (1). (2) Repealed: 2020, c. 11, Sched. 4, s. 30 (2). Definitions (3) For the purposes of subsections (4) to (7), “base fee” means the result of multiplying the total number of hours worked by an hourly rate; (“honoraires de base”) “multiplier” means a multiple to be applied to a base fee. (“multiplicateur”) 1992, c. 6, s. 33 (3). Agreements to increase fees by a multiplier (4) An agreement under subsection (1) may permit the solicitor to make a motion to the court to have his or her fees increased by a multiplier. 1992, c. 6, s. 33 (4). Motion to increase fee by a multiplier (5) A motion under subsection (4) shall be heard by a judge who has, (a) given judgme…

• 29 #41Court approval required
• 33.1Third-party funding agreements

  33.1 (1) In this section, “third-party funding agreement” means an agreement in which a funder who is not a party to a proceeding under this Act agrees to indemnify the representative plaintiff or provide money to pursue the proceeding under this Act, in return for a share of any monetary award or settlement funds or for any other consideration. 2020, c. 11, Sched. 4, s. 31. Contingent on court approval (2) A third-party funding agreement is subject to the approval of the court, obtained on a motion of the representative plaintiff made as soon as practicable after the agreement is entered into, with notice to the defendant. 2020, c. 11, Sched. 4, s. 31. No force or effect unless approved (3) A third-party funding agreement that is not approved by the court is of no force or effect. 2020, c. 11, Sched. 4, s. 31. Agreement to be provided to defendant and filed (4) For the purposes of the m…

• 34Motions

  34 (1) The same judge shall hear all motions before the trial of the common issues. 1992, c. 6, s. 34 (1). Exception (1.1) Subsection (1) does not apply with respect to a carriage motion under section 13.1, which shall be heard by a different judge unless the parties to the carriage motion agree otherwise. 2020, c. 11, Sched. 4, s. 32 (1). Idem (2) Where a judge who has heard motions under subsection (1) becomes unavailable for any reason, the regional senior judge shall assign another judge of the court for the purpose. 1992, c. 6, s. 34 (2). Idem (3) Unless the parties agree otherwise, a judge who hears motions under subsection (1), (1.1) or (2) shall not preside at the trial of the common issues. 1992, c. 6, s. 34 (3); 2020, c. 11, Sched. 4, s. 32 (2). Section Amendments with date in force (d/m/y) 2020, c. 11, Sched. 4, s. 32 (1, 2) - 01/10/2020

• 35Rules of court

  35 The rules of court apply to proceedings under this Act. 1992, c. 6, s. 35; 2020, c. 11, Sched. 4, s. 33. Section Amendments with date in force (d/m/y) 2020, c. 11, Sched. 4, s. 33 - 01/10/2020

• 36Crown bound

  36 This Act binds the Crown. 1992, c. 6, s. 36.

• 37Application of Act

  37 This Act does not apply to, (a) a proceeding that may be brought in a representative capacity under another Act; and (b) a proceeding required by law to be brought in a representative capacity. (c) Repealed: 2020, c. 11, Sched. 4, s. 34. 1992, c. 6, s. 37; 2020, c. 11, Sched. 4, s. 34. Section Amendments with date in force (d/m/y) 2020, c. 11, Sched. 4, s. 34 - 01/10/2020 Regulations

• 38Minister

  38 (1) The Minister may make regulations, (a) respecting any matter that, under this Act, may or must be prescribed or done by regulation, other than by the Lieutenant Governor in Council under subsection (2); (b) governing the registration of proceedings under this Act, including, (i) requiring that documents relating to registered proceedings be provided to a registry specified by the regulations, and governing the provision of those documents, (ii) requiring and governing proof of the provision of a document as required by regulation under subclause (i); (c) providing for the establishment of registries of class proceedings or classes of class proceedings commenced in Canada, or of proposed class proceedings, and governing the registries, including requiring and governing their use; (d) for the purposes of subsection 26 (14), requiring the person or entity who administered the distrib…

• 39Transition

  39 (1) Except as otherwise provided by this section, this Act, as it read immediately before section 35 of Schedule 4 to the Smarter and Stronger Justice Act, 2020 came into force, continues to apply with respect to, (a) a proceeding commenced under section 2 before that day; (b) a proceeding under section 3 or 4, if the motion for certification was made before that day; and (c) any other proceeding under this Act that may be prescribed, in the prescribed circumstances, including a proceeding commenced under this Act on or after that day. 2020, c. 11, Sched. 4, s. 35. Same (2) Section 29.1 applies, with necessary modifications, to a proceeding referred to in clause (1) (a), except that the reference in subsection 29.1 (1) to the day on which the proceeding was commenced shall be read as a reference to the day on which section 35 of Schedule 4 to the Smarter and Stronger Justice Act, 2020…

• 38 #53Minister
• 39 #55Transition