In 2013, the Ontario government asked the Law Commission of Ontario (LCO) to conduct a comprehensive review of the Ontario Class Proceedings Act (CPA), and its experience with it over the past 20 years.
The LCO was asked to evaluate the CPA and issue a report with any recommendations it would make for the reform. These submitted recommendations could affect Ontario legislation along with having ripple effects on class action legislation in other Canadian provinces.
While that project was on hold for a considerable time, on September 22, 2017 the LCO relaunched the project under a new name – Class Actions: Objectives, Experience, and Reforms. The LCO describes the project as the most comprehensive assessment on the CPA in more than 25 years.
In 2014, shortly after the initial project was announced, the IADC formed a task force to develop positions on the issues the LCO was considering, working in cooperation with corporations and other organizations representing corporate interests. The IADC Canadian Class Actions Project Task Force includes representation from Lawyers for Civil Justice, DRI, and Federation of Defense and Corporate Counsel. In early 2015, it produced and circulated extensive briefing materials on the issues that members and their clients should be considering, and it is now working on formulating specific recommendations for reform. It will be seeking opportunities to present submission to the LCO later this year, when its consultation process begins.
Current IADC members on the Task Force are: