Since the Supreme Court of Canada’s trilogy of decisions in Pro-Sys, Sun-Rype and Infineon, plaintiffs have had considerable success certifying private antitrust/competition class actions in Canada. The province of Ontario’s proposed changes to its class action legislation may change that trend. On December 9, 2019, the Ontario government introduced Bill 161, the Smarter and Stronger Justice Act, 2019. Bill 161 is omnibus legislation that includes proposed amendments to Ontario’s Class Proceedings Act, 1993 (the “CPA”). Many of the proposed changes arise from recommendations made by the Law Commission of Ontario (“LCO”) in its July 2019 Final Report on Class Actions. The proposed changes to the CPA are both numerous and significant. If implemented, the changes will impact all types of
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The Ontario Government introduces Bill 161 with amendments to the process for class actions and private enforcement
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