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Class Proceeding - Subjects Table of Contents (A-C)
Glossary (Class Proceeding)
GENERAL
General
Class Proceeding Cases - General
Class Proceeding Cases (Ont) - General
Class Proceeding Cases (Fed) - General
Definitions
CPA (Ont) s.1(1) Definitions ["court"]
CPA (Ont) s.1(1) Definitions ["defendant"]
CPA (Ont) s.1(1) Definitions ["Minister"]
CPA (Ont) s.1(1) Definitions ["plaintiff"]
CPA (Ont) s.1(2) "Proceeding", Meaning
CPA (Ont) s.1(3) "Representative Party", Meaning
APPEALS
Ontario
General
Class Proceeding Cases (Ont) - Appeal - Standard of Review (SOR)
Remedies
Class Proceeding Cases (Ont) - Appeal -Remedies
Appeal Route
Class Proceeding Cases (Ont) - Appeal - Appeal RouteOntario Court of Appeal
CPA (Ont) s.30(1-2,4) Appeals to CA from Certification Orders; Restrictions on Amendment of Pleadings
CPA (Ont) s.30(3,5) Appeals to CA from Common Issue Judgments and Non-Individual Remedy Orders
Divisional Court
CPA (Ont) s.30(6-8) Appeals to Divisional Court from Individual Issue Orders Where Equal to or Above Small Claims Monetary Limit
CPA (Ont) s.30(9-11) Appeals (with Leave from the Superior Court) to Divisional Court from Individual Issue Orders Under Small Claims Monetary Limit
RCP (Ont) R.12.06(1-5) Leave to Appeal to the Divisional Court
Federal
Class Proceeding Cases (Fed) - Appeal - Standard of Review (SOR)
FCR (fed) s.334.31(1-2) Appeals re Individual Questions
APPLICATION, LEGAL
As used here, the term 'application' means when a particular body of written law applies to a recognized procedure (eg. "the general rules of court apply to class proceedings") or parties (eg. "the general rules of court apply to class representatives").
Ontario
CPA (Ont) s.35 RCP Application to the CPA Proceedings
CPA (Ont) s.37 CPA Non-Application to Various Representative Proceedings [# Civil Litigation]
CPA (Ont) s.36 CPA applies to the Crown
Federal
FCR (fed) s.334.1 Application of Part 5.1 (Class Proceedings) Generally to Federal Proceedings (except s.28 Judicial Reviews)
FCR (fed) s.334.11 General Application of FCR to Class Proceedings
APPLICATION (Type of Proceeding)
A second meaning of the term 'application' refers to a type of legal proceeding with no need to resolve fact disputes (eg. "they started the legal proceeding by application, not action, as they expected no fact disagreements"). Class proceedings can be conducted as either 'actions' (which is more typical) or 'applications', since the term 'proceeding' means both an action or an application [RCP 1.03(1)].
Class Proceeding Cases (Ont) - Application (Proceeding) (there is no case content yet, this is a placeholder)
'CARRIAGE' MOTIONS (RESOLVING COMPETING CLASS PROCEEDINGS)
Ontario
CPA (Ont) s.5(6-8) Resolution of Carriage of Claims Where Competing Other-Provincial Class Proceedings
CPA (Ont) s.13.1(1-8) 'Carriage' Motions (Resolving Competing Class Proceedings)
CPA (Ont) s.34(2,4) Carriage Motions, Different Judges Required Unless Consent
CERTIFICATION
The vast majority of class proceedings involve single representative plaintiffs for each 'class' (sometimes only one) suing a single defendant - typically a large corporation, and these rules are structured with that in mind. It is however possible to have a 'reverse' class proceeding [see that subject below] where multiple representative defendants are sued by a single plaintiff, again typically a large corporation.
Ontario
General
Class Proceeding Cases (Ont) - Certification - General [CPA 5]
Defendant Appointing Representative Plaintiff
CPA (Ont) s.3 Defendant/s Appointing Representative Plaintiff
Certification Criteria
Class Proceeding Cases (Ont) - Certification - 'Disclosing Cause of Action' [CPA 5(1)(a)]
Class Proceeding Cases (Ont) - Certification - 'Identifiable Class' [CPA 5(1)(b)]
Class Proceeding Cases (Ont) - Certification - 'Common Claims and Defences' [CPA 5(1)(c)] (+)
Class Proceeding Cases (Ont) - Certification - 'Preferrable Procedure' [CPA 5(1)(d)]
Class Proceeding Cases (Ont) - Certification - 'Representative Party' [CPA 5(1)(e)]
CPA (Ont) s.5(1) Certification Criteria
CPA (Ont) s.6 Matters Not Barring Certification
CPA (Ont) s.5(1.1) Preferrable Procedure Criteria, Interpretation
CPA (Ont) s.5(2) Common Issues Criteria, Requirements Where Subclass
Notice of Certification (to Class Members)
CPA (Ont) s.17(1-8) Notice of Certification to Class Members; Orders
Certification Orders
Class Proceeding Cases (Ont) - Certification - 'Conditional' Certification
CPA (Ont) s.8(1-2) Contents of Certification Order
RCP (Ont) R.12.05(2) Contents of Certification-related Orders
Effects of Certification
CPA (Ont) s.5(5) Certification No Ruling on Merits
Where Certification Refused
Class Proceeding Cases (Ont) - Proceeding Cases May Continue in Altered Form [CPA s.7(2)]
CPA (Ont) s.7(1) If Certification Refused, Notice to Affected Members or Parties
CPA (Ont) s.7(2) If Certification Refused, Continuation of Proceeding
Amendments/Decertification of Certification Orders
CPA (Ont) s.8(3) Amendment of Certification Order
CPA (Ont) s.10(1-3) Amendment/Decertification of Certification Order where it appears conditions for certification not satisfied
Federal
General
Class Proceeding Cases (Fed) - Certification - General
Certification Criteria
Class Proceeding Cases (Fed) - Certification - 'Disclosing Cause of Action' [FCR 334.16(1)(a)]
Class Proceeding Cases (Fed) - Certification - 'Identifiable Class' [FCR 334.16(1)(b)]
Class Proceeding Cases (Fed) - Certification - 'Common Claims and Defences' [FCR 334.16(1)(c)]
Class Proceeding Cases (Fed) - Certification - 'Preferrable Procedure' [FCR 334.16(1)(d)]
Class Proceeding Cases (Fed) - Certification - 'Representative Party' [FCR 334.16(1)(e)]
FCR (fed) s.334.16(1) Certification Criteria
FCR (fed) s.334.16(2) Preferrable Procedure Criteria, Interpretation
FCR (fed) s.334.16(3) Common Issues Criteria, Requirements Where Subclass
Matters Not Barring Certification
FCR (fed) s.334.18 Matters Not Barring Certification
Defendant Right to Certify
FCR (fed) s.334.13(1-2)Defendant/Respondent Right to Certify; Modifications re Criteria
Certifying Defendants
FCR (fed) s.334.14(2-3) Party May Move for Certification of Representative Defendant/Respondent
Evidence
Class Proceeding Cases (Fed) - Certification - Standard of Proof
Counterclaims
FCR (fed) s.334.14(1,3) Counterclaims Only Proceed Where Plaintiff Certified
Notice of Certification (to Class Members)
FCR (fed) s.334.32(1) Notice of Certification
Where Certification Refused
FCR (fed) s.334.2 Where Certification Refused
Certification Orders
FCR (fed) s.334.17(1-2) Certification Orders
FCR (fed) s.334.19 Amendments/Decertification of Certification Orders
CERTIFICATION MOTIONS
Ontario
Motions Before Certification
CPA (Ont) s.4.1 Some Motions Before Certification (Early resolution of issues)
CPA (Ont) s.5(4) When Adjournments Allowable on Motion for Certification
Standing on Certification Motion
CPA (Ont) s.2(5) Standing of Non-Ontario Plaintiffs When Served with Certification Motion
Evidence on Certification Motion
Class Proceeding Cases (Ont) - Certification - Standard of Proof
CPA (Ont) s.5(3) Evidence of Number of Members of Class
Motion for Certification
CPA (Ont) s.2(2) Motion for Certification
CPA (Ont) s.2(3) Motion for Certification, Affidavit of Registration
RCP (Ont) R.12.02(2) Title of Proceeding
Service of Motion
CPA (Ont) s.2(4) Service of Certification Motion on Non-Ontario Plaintiffs With Similar Proceedings
Federal
Motion for Certification
FCR (fed) s.334.12(1-3) Certification Motion
FCR (fed) s.334.12(4) Originating Document Where s.72 IRPA JR
FCR (fed) s.334.15(1-3) Certification Motion - Delivery and Hearing Dates
Evidence on Certification Motion
FCR (fed) s.334.15(4-5) Certification Motion - Defendant/Respondent's Evidence
COMMENCEMENT OF PROCEEDING
Ontario
CPA (Ont) s.2(1) Representative Plaintiff/Applicant May Commence Proceeding
COMMON ISSUES
Ontario
CPA (Ont) s.1(1) Definitions ["common issues"]
CPA (Ont) s.1.1 Common Issues, Factors to Decide
CPA (Ont) s.27(1-3) Judgment of Common Issues (Liability)
Federal
FCR (fed) s.334.25(1-2) Common Questions, Issue Estoppel Effect
FCR (fed) s.334.33 Notice of Favourable Outcome of Common Questions
CONSUMER PROTECTION ACT
The Consumer Protection Act 2002 (also initialized as the 'CPA') expressly allows 'consumers' to commence class proceedings, and limits the extent to which contractual arbitration is binding after such disputes.
Consumer Protection Act, 2002 s.8(1-4) Class proceedings (1/2)
COSTS, FEES, DISBURSEMENTS AND HONOURARIUMS
Ontario
Costs
Class Proceeding Cases (Ont) - Costs
CPA (Ont) s.31(1-3) Costs
RCP (Ont) R.12.01, 12.04 Costs Where 'Class Proceedings Fund of the Foundation' Provides Support
Fees
Class Proceeding Cases (Ont) - Fees
Fees and Disbursement Agreements
CPA (Ont) s.32(1-6) Fees and Disbursement Agreements; Where Agreement Not Approved
CPA (Ont) s.33(1-9) Fees and Disbursement Agreements for payment only in the event of success
CPA (Ont) s.1(4) "Success", Meaning
CPA (Ont) s.33.1(1-16) Third-Party Funding Agreements
Honourariums
Class Proceeding Cases (Ont) - Honorariums
Federal
Costs
Class Proceeding Cases (Fed) - Costs
FCR (fed) s.334.39(1-2) No Costs Policy and Behavioural Exception; Further Individual Class Exception
Fees
FCR (fed) s.334.4 Judicial Approval for Solicitor Payment of Proceeds Recovered
Disbursements
FCR (fed) s.334.38 Expenses Regarding Notices
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