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Class Proceeding
COMMENT
'Class proceedings' are governed in Ontario by the Class Proceedings Act, 1992 (CPA, 1992), which is essentially an add-on to the civil litigation workhorse Rules of Civil Procedure [which topic you may want to have frequent reference to: Civil Litigation]. Federally, they are governed by R334.1-334.39 of the Federal Court Rules - which are similarly central to federal court litigation in Canada.
Class proceeding differ commonly from typical civil litigation by: registration, certification, competition with other law firms, multiple jurisdiction involvement, unique funding arrangements, onerous notices requirements, opting-out, and onerous settlement work. As well, class proceedings are generally more procedurally complex (and often requiring more individual case work) than typical non-class lawsuits and it is generally thought they should not be considered by small firms.
Class proceedings are intended primarily as a means of 'access to justice' by large groups of atomized plaintiffs (typically consumers) who - individually - could not be financially able to advance litigation against one or several related large defendants (typically corporations) due to imbalances of bargaining power. Recently however there have been 'reverse' class proceedings, with large groups of atomized defendants (for example, internet users alleged to have breached copyright).
As stated in Canada (Attorney General) v. Jost (Fed CA, 2020) [para 23] - the Ontario and the federal (and BC too) class proceedings regimes are recognized as similar (particularly regarding certification criteria), so that a case in any of those jurisdictions has a good chance of being relevant to the others. So in this Isthatlegal Class Proceeding topic, both Ontario and Federal sub-topics are located together - eg. under the 'Costs' sub-topics you can find law (cases and statutes) bearing on both the Ontario and federal regimes.
Just to clarify a point of common confusion - RCP 12.07 ['Proceeding against Representative Defendant'] and RCP 12.08 ['Proceeding by Unincorporated Association or Trade Union'] are separate non-CPA representative proceedings. They can deal with unincorporated associations and unions, and are expressly excluded from the application of the CPA. They are addressed in the Civil Litigation topic at Representative Proceedings (non-CPA).
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)
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
COSTS, FEES, DISBURSEMENTS AND HONOURARIUMS
Ontario
Costs
Class Proceeding Cases (Ont) - Costs
Class Proceeding Cases (Fed) - 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
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
DAMAGES
Ontario
Class Proceeding Cases (Ont) - Individual Damages
Class Proceeding Cases (Ont) - Aggregate Damages
CPA (Ont) s.24(1-10) Determination of Liability of Defendants and Awards to Class Members (including Individual Claims, Procedures and Limitations)
CPA (Ont) s.26(1-14) Judgment Distribution; Procedures
CPA (Ont) s.27.2(1-3) Charitable Cy-pres (Residual) Distribution
Federal
FCR (fed) s.334.28(1-3) Assessment of Monetary Relief
DISCOVERY AND EXAMINATION
Ontario
CPA (Ont) s.15(1-4)
CPA (Ont) s.16(1-2) Examination For Motion or Application
RCP (Ont) R.12.03 Discovery of Class Members
Federal
FCR (fed) s.334.22(1-3) Discovery
EVIDENCE
Ontario
CPA (Ont) s.23(1-7) Statistical Evidence re Amount of Monetary Award Admissible; Procedure
HEARING
Ontario
Stages
CPA (Ont) s.11(1),12 Hearing Stages of Common and Individual Issues
Class Member Participation
CPA (Ont) s.14(1-2) Participation of Individual Class Members
Federal
Class Member Participation
FCR (fed) s.334.23(1-2) Participation by Class Members
INDIVIDUAL ISSUES
Ontario
CPA (Ont) s.25(1-7) Individual Issues (Procedures and Limitations)
CPA (Ont) s.18(1-5) Notice to Class Members where their Participation Required to Determine Individual Issues; Orders
Federal
FCR (fed) s.334.26(1-3) Procedure on Individual Questions
FCR (fed) s.334.27 Application of Individual Questions Procedure Where Defendant Liable on Common Questions
ISSUE ESTOPPEL
Federal
Class Proceeding Cases (Fed) - Issue Estoppel
LIMITATIONS
Ontario
Class Proceeding Cases (Ont) - Limitations
CPA (Ont) s.28(1-3) Suspension of Limitations During Class Proceedings
LITIGATION PLAN
Class Proceeding Cases - Litigation Plan
MOTIONS
Ontario
CPA (Ont) s.34(1-3) Motions
MULTI-JURISDICTIONAL CLASS PROCEEDING
Ontario
Class Proceeding Cases - Multi-jurisdictional
CPA (Ont) s.1(1) Definitions ["multi-jurisdictional class proceeding"]
CPA (Ont) s.5.1(1-2) Certification of Multi-Jurisdictional Class Proceedings
NOTICE
The statutory notice provisions listed here apply generally to all notices, but there are specific notice provisions relating to other subtopics. I suggest using a keyword search on 'notice' to locate them.
Ontario
Applies to all Notices
CPA (Ont) s.20(1-3) Notice, General Requirements
CPA (Ont) s.21 Notice, Delivery of
CPA (Ont) s.22(1-2) Notice, Costs of
Notice to protect interests of affected persons
CPA (Ont) s.19(1-4) Notice to protect interests of affected persons
Federal
General
FCR (fed) s.334.32(2-6) Notice - General
Notice to protect interests of affected persons
FCR (fed) s.334.35(1-2) Notice to protect interests of affected persons
Notice May Be Ordered
FCR (fed) s.334.36 Notices May be Ordered
Notices Require Judicial Approval
FCR (fed) s.334.37 Notices Require Judicial Approval
OPTING-OUT
Ontario
Class Proceeding Cases - Opt-Out
Class Proceeding Cases (Ont) - Opt-Out
CPA (Ont) s.9 Opt-Out
Federal
Class Proceeding Cases (Fed) - Opt-Out
FCR (fed) s.334.21(1) Opting-Out
FCR (fed) s.334.21(2) Deemed Opt-out Where Other Common Questions Proceeding Not Discontinued
ORDERS AND JUDGMENTS
Ontario
CPA (Ont) s.11(2) Judgments May be Separate
RCP (Ont) R.12.05(1) Contents of Judgments and Some Orders [1/3]
Federal
FCR (fed) s.334.24(1-2) Judgments
PLEADINGS
Ontario
Class Proceeding Cases (Ont) - Pleadings
RCP (Ont) R.12.02(1-2) Title of Proceeding
PRACTICE
Class Proceeding Cases - Practice
REGISTRATION
Ontario
CPA (Ont) s.2(1.1) Registration of Proceeding
CPA (Ont) Reg 497/20 General, s.1(1-5) Registration of Proceedings
REGULATIONS
Ontario
CPA (Ont) s.1(1) Definitions ["prescribed"]
CPA (Ont) s.1(1) Definitions ["regulations"]
CPA (Ont) s.38(1-2) Regulation Powers
'REVERSE' CLASS ACTIONS
Ontario
Class Proceeding Cases (Ont) - 'Reverse' Class Proceeding
Class Proceeding Cases (Fed) - 'Reverse' Class Proceeding
CPA (Ont) s.1(3) "Representative Party", Meaning
CPA (Ont) s.4 Representative Defendant
SECURITIES ACT PROCEEDINGS (Ont)
CPA (Ont) 497/20 General, s.2 Securities Act Proceedings
SETTLEMENT
Ontario
Court Approval
CPA (Ont) s.27.1(1-3,5-6) Court Approval of Settlement(Ont)
CPA (Ont) s.27.1(4) Effect of Settlement
CPA (Ont) s.27.1(12) Notice of Court Settlement Approval
CPA (Ont) s.27.1(13) Court Supervises Settlement
Settlement Court Hearing
CPA (Ont) s.27.1(7) Disclosure for Settlement Motion
CPA (Ont) s.27.1(8-9) Notice of Settlement Hearing
CPA (Ont) s.27.1(10) Submission Participation at Settlement Hearing
CPA (Ont) s.27.1(11) Where Minors Possibly Involved
Court Order
RCP (Ont) R.12.05(1) Contents of Judgments and Some Orders [2/3]
Distribution of Settlement Funds
CPA (Ont) s.27.1(14-18) Distribution of Settlement Funds; Report to Court
Federal
Class Proceeding Cases (Fed) - Settlement
FCR (fed) s.334.29(1-2) Settlements
FCR (fed) s.334.34 Notice of Settlement Offer or Approval
STAYS
'Stays' are sometimes used in class proceeding scenarios to suspend competing class proceedings, such as those for unsuccessful parties in 'carriage motions' [see that subject above].
Ontario
CPA (Ont) s.13 Stays Available
Federal
Class Proceeding Cases (Fed) - Stays
SUBROGATED CLAIMS
Ontario
CPA (Ont) s.27.3(1-3) Duties and Rights Respecting Subrogated Claims
CPA (Ont) Reg 498/20 Subrogated Claims, s.1
TERMINATION OF PROCEEDING
Ontario
Class Proceeding Cases (Ont) - Dismissal for Delay
CPA (Ont) s.29(1-2) Discontinuance, Abandonment or Dismissal
CPA (Ont) s.29.1(1-4) Mandatory Dismissal for Delay
RCP (Ont) R.12.05(1) Contents of Judgments and Some Orders [3/3]
Federal
FCR (fed) s.334.3 Discontinuance
TRANSITION
Ontario
CPA (Ont) s.39(1-4) Transition [s.35, Sch.4, Smarter and Stronger Justice Act, 2020 in force 01 Oct 2020]
ONTARIO STATUTES
Class Proceedings Act, 1992 (fully split) [amended to 2021, c. 25, Sched.1]Reg 497/20: General [no amends] (fully split)
Reg 498/20: Subrogated Claims [amended to 200/22] (fully split)
FEDERAL STATUTES
Federal Courts Rules, s.334.1-334.39 (fully split) [amended to SOR/2021-246]
SIMON'S POLITICS and CLASS PROCEEDINGS
[last re-work 25 Aug 2025]
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