Foreword

• Pages: 7-9

vii

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 I 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