Simon's Megalomaniacal Legal Resources

Class Proceeding

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COMMENT

Most 'class proceedings' are governed in Ontario by the Class Proceedings Act, 1992 (CPA, 1992), and federally by the Federal Courts Rules [R334.1-334.39] (under the Federal Court Act). They are a means of 'access to justice' by large groups of atomized plaintiffs (typically consumers) who would not - individually - be financially able to advance litigation against one or several related defendants (typically corporations) due to an imbalance of bargaining power. Recently there have been 'reverse' class proceedings, with large groups of atomized defendants - for example, internet users alleged to have breached copyright.

In this Isthatlegal class proceeding topic I index to sub-topics according to their class proceeding relevance - that is, both Ontario and Federal sub-topics are located together. This is because - as stated in Canada (Attorney General) v. Jost (Fed CA, 2020) [para 23] - the Ontario and the Federal (and BC too) class proceedings are similar so that a case in any of those jurisdictions has a good chance of being relevant to the others - particularly regarding the all-important certification phase.

In rare cases (typically involving unions), the Ontario Rules of Civil Procedure [RCP 12.07] allows for defendant representation separate from Ontario's Class Proceedings Act (CPA) (called a 'representation order') [see Civil Litigation - Class Proceedings].

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GENERAL

Class Proceeding - General
Class Proceeding (Ont) - General
Class Proceeding (Fed) - General

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APPEALS
Class Proceeding (Ont) - Appeals
Class Proceeding (Fed) - Appeals

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CERTIFICATION

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Ontario

Class Proceeding (Ont) - Certification - General [CPA 5]

Class Proceeding (Ont) - Certification - 'Disclosing Cause of Action' [CPA 5(1)(a)]
Class Proceeding (Ont) - Certification - 'Identifiable Class' [CPA 5(1)(b)]
Class Proceeding (Ont) - Certification - 'Common Claims and Defences' [CPA 5(1)(c)]
Class Proceeding (Ont) - Certification - 'Preferrable Procedure' [CPA 5(1)(d)]
Class Proceeding (Ont) - Certification - 'Representative Party' [CPA 5(1)(e)]

Class Proceeding (Ont) - Certification - Standard of Proof
Class Proceeding (Ont) - Certification - 'Conditional' Certification

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Federal

Class Proceeding (Fed) - Certification - General

Class Proceeding (Fed) - Certification - 'Disclosing Cause of Action' [FCR 334.16(1)(a)]
Class Proceeding (Fed) - Certification - 'Identifiable Class' [FCR 334.16(1)(b)]
Class Proceeding (Fed) - Certification - 'Common Claims and Defences' [FCR 334.16(1)(c)]
Class Proceeding (Fed) - Certification - 'Preferrable Procedure' [FCR 334.16(1)(d)]
Class Proceeding (Fed) - Certification - 'Representative Party' [FCR 334.16(1)(e)]

Class Proceeding (Fed) - Certification - Standard of Proof

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CONTINUATION OF PROCEEDING WHEN CLASS CERTIFICATION DENIED
Class Proceeding (Ont) - Proceeding May Continue in Altered Form [CPA s.7(2)]

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COSTS
Class Proceeding (Ont) - Costs
Class Proceeding (Fed) - Costs

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DAMAGES
Class Proceeding (Ont) - Individual Damages
Class Proceeding (Ont) - Aggregate Damages

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DISMISSAL FOR DELAY
Class Proceeding (Ont) - Dismissal for Delay

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FEES
Class Proceeding (Ont) - Fees

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HONORARIUMS
Class Proceeding (Ont) - Honorariums

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INTERJURISDICTIONAL
Class Proceeding - Interjurisdictional

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ISSUE ESTOPPEL
Class Proceeding (Fed) - Issue Estoppel

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LIMITATIONS
Class Proceeding (Ont) - Limitations

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LITIGATION PLAN
Class Proceeding - Litigation Plan

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NOTICE
Class Proceeding (Ont) - Notice

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OPTING-OUT
Class Proceeding - Opt-Out
Class Proceeding (Ont) - Opt-Out
Class Proceeding (Fed) - Opt-Out

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PLEADINGS
Class Proceeding (Ont) - Pleadings

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PRACTICE
Class Proceeding - Practice

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'REVERSE' CLASS ACTIONS
Class Proceeding (Ont) - 'Reverse' Class Proceeding
Class Proceeding (Fed) - 'Reverse' Class Proceeding

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RULES OF CIVIL PROCEDURE
The Rules of Civil Procedure [R12.01-12.06] have some procedural provisions that apply to the Ontario CPA.
Civil Litigation - Class Proceedings [#]

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SETTLEMENT
Class Proceeding (Fed) - Settlement

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STAYS
Class Proceeding (Fed) - Stays

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ONTARIO STATUTES

Class Proceedings Act, 1992

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FEDERAL STATUTES

Federal Courts Rules, s.334.1-334.39