Ontario's Class Proceedings Fund: Separating Fact From Fiction

AuthorGina Papageorgiou
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.
ccar 10.indb 81 1/19/2015 9:09:50 AM
ccar 10.indb 82 1/19/2015 9:09:50 AM

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT