Foreword

• Author: Edward P. Belobaba
• Profession: Superior Court of Justice - Ontario
• Pages: 11-13

FOREWORD

The

publication

of

this

book

could

not

be

more

timely.

The

Ontario

Class

Proceedings

Act,

1992

(CPA)

not

only

changed

the

face

of

civil

litigation

in

this

province,

but

was

the

legislative

model

for

the

other

common

law

provinces.

After

the

United

States

and

Quebec,

the

Ontario

CPA

was

one

of

the

first

class

action

statutes

in

the

world.

However,

twenty-five

years

after

its

enactment,

the

CPA

continues

to

generate

discussion

and

is

decidedly

ready

for

significant

review

and

reform.

The

overarching

objective

—

greater

access

to

justice

—

is

prob



ably

being

achieved,

but

the

actual

design

and

content

of

the

underlying

legislation

needs

adjustment

and

refinement.

It

is

time

to

address

the

questions

that

have

materialized

over

the

last

quarter

century.

Are

the

certification

requirements

working

as

intended?

What

is

the

ideal

costs

rule?

What

about

third

party

funding?

Contingency

fee

awards?

National

class

actions?

Are

measures

needed

to

help

police

conflicts

of

interest

on

the

part

of

class

counsel

and

minimize

the

potential

for

self-dealing?

And

what

should

be

the

ongoing

role

of

the

class

actions

judge?

The

answers

to

these

questions

very

much

depend

on

one

’

s

view

of

where

we

are

and

how

we

got

here.

The

former

is

arguably

well

under



stood;

the

latter

not

so

much.

As

a

class

actions

judge,

I

have

an

abiding

interest

in

the

ongoing

evolution

of

the

class

action

vehicle.

But

1

have

long

been

troubled

by

the

realization

that

we

know

very

little

about

the

CPA

’

s

historical

roots.

Unlike

other

law

reform

initiatives

that

involved

extensive

study

and

xi