Certification Rates in Ontario Versus the Rest of Canada: Why the Disparity?

• Author: Adrian C. Lang and Mel Hogg
• Pages: 431-447

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CERTIFICATION RATES IN

ONTARIO VERSUS THE REST OF

CANADA: WHY THE DISPARITY?

Adrian C. Lang and Mel Hogg

Abstract: There is a disparity in the certif‌ication of cases in

common law Canad a, whereby far more cases are certif‌ied in

Ontario than in other jurisdictions. This appears to be driven

both by more permissive att itudes towards class proceedings

in Ontario, and an apparently more “creative” approach by

plaintiffs to causes of action outside Ontario. A review of the

cases in a year-long period in the common law provinces re-

veals litt le consistency as to the reason a cause isn’t cert if‌ied

in any given jurisdiction, but trends do emerge.

CCAR Vol 6 No 2.indb 431 23/12/2010 1:04:03 PM

CCAR Vol 6 No 2.indb 432 23/12/2010 1:04:03 PM