Ontario's Class Proceedings Fund: Separating Fact From Fiction

• Author: Gina Papageorgiou
• Pages: 81-99

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ONTAR IO’S CL ASS PROCEEDINGS

FUND: SEPAR ATING FACT FROM

FICTION

Gina Papageorg iou

Abstract: Ontario’s Class Proceedings Fund (CPF) provides

disbursement support for class actions initiated in Ontario. It

was established in 1992 as part of Ontario’s class action re-

gime with the goal of increasing access to justice. During t he

twenty years since it was established, there have been con-

cerns expressed about whether or not it has fulf‌illed its in-

tended function. Recently, third par ty funders have entered the

marketplace, and some members of the bar have questioned

the CPF’s continued relevance. Others have questioned the

CPF’s sustainability given increasing costs awards. This

article attempts to critically address these issues with refer-

ence to the historical data. It argues that the CPF has en-

hanced class members’ abilities to more fully pursue their

lawsuits in Ontario compared to other forms of funding. To

date, third party funding has not signif‌icantly affected the

CPF as third par ty funders operate in a different market from

the CPF; many of the type s of cases th at the CPF supports

are unlikely to attract third part y funding. Further, the CPF

offers a method of funding that has the least potential for

conf‌licts of interest — an i ssue that is currently of signi f‌icant

concern with respect to third party funding ar rangements.

This article concludes by arg uing that for the foreseeable fu-

ture, the CPF will re main sustainable and will cont inue to be

an important par t of the class action framework in Ontario.

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