When Numbers Tell a Story: A Quantitative Look at Certification Decisions in Ontario

• Author: Daniel EH Bach and Ronald Podolny
• Pages: 309-320

309

WHEN NUMBERS TELL A STORY:

A QUANTITATIVE LOOK AT

CERTIFICATION DECISIONS IN

ONTARIO

Daniel EH Bach and Ronald Podolny

Abstract: An emerging body of legal sc holar ship aims to fore-

cast the outcomes of cases on the basis of quantitative analy-

sis, rather than subjective prediction. Within this analytical

framework, the present paper a ims to apply quantitative legal

analysis to class action certif‌ication deci sions. Having col-

lected a dataset of Ontario certif‌ication decisions issued be-

tween 2010 and 2015, the authors analyzed the outcomes on

the basis of several independent variables. The paper exam-

ines whether particular types of class actions were more

likely to result in cer tif‌ication, and which trends could be ob-

served over the past half-decade of jurisprudence. The paper

concludes with an outline of possible further research and

the practical importance of quantitative studies.

ccar 11-2.indb 309 3/8/2016 2:27:26 PM