Pathfinder: Class Actions

Overview

Ontario's Class Proceedings Act, 1992, S.O. 1992, c. 6 was proclaimed in force on January 1, 1993. Usually described as procedural in nature, the legislation is intended to provide an efficient and streamlined method for the courts to deal with complex litigation and to improve access to justice by allowing one or more persons to bring an action on behalf of a group of similarly situated persons.

Legislative History
On June 29, 1989, the then Attorney General announced in the legislature that the government intended to introduce class action legislation. Bill 213, An Act Respecting Class Proceedings received first reading on June 12, 1990 (2nd sess., 34th Parl.). This bill did not pass due to the election and change in government.

Class proceedings legislation was again introduced, this time as Bill 28, An Act Respecting Class Proceedings at the next session (1st Sess., 35th Parl.) and received first reading on December 17, 1990. Bill 28 received second reading on November 18, 1991 (1st sess., 35th Parl.) and was referred to the Standing Committee on the Administration of Justice. The bill was ordered to be continued as a bill of the next session (2nd sess., 35th Parl.) and received third reading on May 4, 1992 and Royal Assent on June 25, 1992. The legislation was proclaimed in force on January 1, 1993.

Two important background reports to the legislation are:

Ontario Law Reform Commission, Report on Class Actions, 3 vols. (Toronto: Ministry of the Attorney General, 1982). (KF 8896 L376)

Ontario, Attorney General's Advisory Committee on Class Action Reform, Report (Toronto: The Committee, 1990). (KF 8896 O57 1990)

The Debates (Hansard) of the Legislative Assembly on the Bill are available in the library stacks and online on the Legislative Assembly of Ontario website. Library staff will be happy to provide assistance on their use for searching legislative intent.

Canadian Textbooks

Finding Books on Your Topic
In the subject classification scheme for organizing books in the Great Library, the topic of class proceedings or class actions falls within the broader category of civil procedure. But while general works on civil litigation may contain sections on class proceedings, there now exists a body of Canadian resources devoted solely to the topic of class actions.

The library also collects selected materials on the topic from other common law jurisdictions but according to one authority (Eizenga, Class Actions Law and Practice at Preface.1), there is no longer the reliance on U.S. or other foreign precedents as was seen in the earliest days of litigation under the legislation.

A good place to begin your research is in an authoritative text. Some leading texts are listed on this page for your convenience. But there are many more resources available. To find a listing of all of the Great Library's materials on class actions, you should search the library's online catalogue under the relevant subject headings.

For the topic class actions, the most relevant subject heading is:
Class actions (Civil procedure)

Some related headings are:
Actions and defenses
Complex litigation
Torts

To narrow your search further, try adding a subject such as Public health, or a jurisdiction such as Great Britain.

Branch, Ward K., Class Actions in Canada, looseleaf (Vancouver: Canada Law Book, 1996-). (KF 8896 B72 1996)
This comprehensive looseleaf guide by a lawyer based in British Columbia, includes commentary, analysis, case law and statutes.
Cassels, Jamie and Craig Jones, The Law of Large-Scale Claims: Product Liability, Mass Torts, and Complex Litigation in Canada (Toronto: Irwin Law, 2005). (KF 8840 ZA2 C37 2005)
Defending Class Actions in Canada/McCarthy Tétrault, 2nd ed. (Toronto: CCH Canadian, 2007). (KF 8896 D44 2007)
Eizenga, Michael A. et al., Class Actions Law and Practice, 2nd ed., looseleaf (Markham, Ont.: LexisNexis Canada, 2008- ). (KF 8896 E39 2008)
This looseleaf service provides practical assistance as well as a discussion of legal principles and includes an extensive set of precedents.
Jones, Craig, Theory of Class Actions (Toronto: Irwin Law, 2003). (KF 8896 J66 2003)
A theoretical analysis.
Pitel, S.G.A., ed., Litigating Conspiracy : An Analysis of Competition Class Actions (Toronto: Irwin Law, 2006). (KF 8896 .A75 L58 2006)

Textbooks From Other Jurisdictions

Conte, Alba, Newberg on Class Actions, 4th ed. by Alba Conte and Herbert B. Newberg (St. Paul, Minn.: Thomson West, 2002-). (KF 8896 Z95 D52 1988)
The leading U.S. treatise.
Dickerson, Thomas A., Class Actions: the Law of 50 States, looseleaf (New York: Law Journal Press, 1988-). (KF 8896 Z95 D52 1988)
Mulheron, Rachael, The Class Action in Common Law Legal Systems: A Comparative Perspective (Oxford-Portland, Or.: Hart Publishing, 2004). (KF 8896 M85 2004)
Compares class action jurisprudence in the U.S., Australia and Canada.

Continuing Legal Education Materials

Finding Continuing Legal Education Materials on Your Topic
Continuing legal education (CLE) or conference materials are a useful source of current and practical information. Some recent programs are listed on this page. To locate other CLE programs and papers on topic, there are several possibilities.

Try searching:

1. The Great Library's online catalogue. (You can use the "Table of Contents" field to search for individual authors or words in titles of articles.) Once you have located a catalogue record for a publication of interest, note down its call number. The call number indicates where you will find the book in the library stacks.

2. The Canadian Law Symposia Index on LexisNexis Quicklaw at any of the library’s workstations. CLSI indexes papers from selected Canadian and American CLE programs. Once you have found a record for a publication of interest, the next step is to look on the library’s online catalogue to see if the book is available in the library.

3. InConference online database available on the Great Library's workstations. This database includes the full text of materials from hundreds of conferences presented by Insight Information.

4. AccessCLE. Individual articles from the Law Society of Upper Canada’s CLE programs can be purchased for download to your computer on this site.

A sampling of recent programs:

Class Actions: Materials Prepared for the Continuing Legal Education Seminar, Class Actions (Vancouver: The Continuing Legal Education Society of British Columbia, 2005). (KF 8896 A75 C 529 2005)

The Six-Minute Employment Lawyer (Toronto: Law Society of Upper Canada, Continuing Legal Education, 2008). (KF 3320 ZB3 S594 2008)
Contains several articles on class actions in an employment context.

Your First Class Action : Get the Nuts and Bolts from Top Practitioners and Judges (Toronto: Ontario Bar Association, 2005). (KF 8896 .A75 O583 2005)

The 2009 OBA Class Action Colloquium (Toronto: Ontario Bar Association, 2009). (KF 8896 .A75 O583 2009)














Journals and Newsletters

Finding Journal Articles on Your Topic
There are journals devoted exclusively to the subject of class actions. To search for particular articles in these journals or in other journals, use one or more of the library's indexes to journals:

1. The Index to Canadian Legal Literature is available in print (shelved in the Periodicals Room) and online on LexisNexis Quicklaw and, as well, on Westlaw Canada. Coverage varies with the different versions of the Index.

2. LegalTrac is an online index to articles published in American and selected Canadian and Commonwealth law journals.

3. HeinOnline is a database of full text journal articles.

The Canadian Class Action Review = La revue canadienne des recours collectifs, vol. 1- (Toronto: Irwin Law, 2004-). (Periodicals Room) Also online (LexisNexis Quicklaw)

Class Action: A Journal Devoted to Class Action Proceedings, Procedure and Legislation, vol. 1- (Toronto: Federated Press, 2002-). (Periodicals Room)
Library has vol. 3, 2004-

Class Action Defence Quarterly, vol. 1- (Markham, Ont.: LexisNexis Canada, 2006- ). (Periodicals Room)





Current Awareness Services

LexisNexis Class Actions Netletter (LexisNexis Quicklaw)

Siskinds Class Action NetLetter (LexisNexis Quicklaw)

Websites

A sampling of websites:

Branch MacMaster
A variety of information on class actions is posted on this British Columbia law firm website including a number of full text articles, links to cases and a general discussion on class actions.
Class Action Litigation Information
This site, created by an American lawyer, contains information on topics such as pending legislation and multidistrict litigation and provides a glossary of terms. It also contains a large number of links to class action and general legal research and practice sites.
National Class Action Database
This database is a project of the Civil Litigation Section of the Canadian Bar Association. The database posts information about class actions across Canada and includes a listing of actions filed, brief descriptions of the proceedings, documents, practice directions and other information.
Ontario Bar Association, Class Actions Section
The website of the OBA's newest practice Section provides information on recent developments in the field as well as useful resources, such as links to provincial class action statutes.
Securities Class Action Clearinghouse
This site provides detailed information relating to the prosecution, defence and settlement of U.S. federal class action securities fraud litigation. It includes an index of filings, complaints, briefs and other litigation-related materials.
Sutts, Strosberg
This Windsor law firm's website provides information on certifications, current and completed cases, and frequently asked questions.

Nice to Know

Class Action Newsletter
On the Branch MacMaster website, interested parties can sign up for a free monthly class action e-newsletter (produced as a supplement to Branch's Class Actions in Canada textbook). For instructions on how to sign up go to their site. Newsletters are archived on their own blog.

The Class Proceedings Committee
The Committee was established in 1992 under the Law Society Act (as amended)
Its function is to determine whether the plaintiffs in class proceedings should receive financial support from the Fund and the amount of such support. Written reasons for decisions are rarely issued. The Committee occasionally issues Practice Directions.


Last reviewed: July 5, 2010