jswizzle3737/ontario_laws_and_regs huggingface dataset:
1 (1) In this Act, “common issues” means, (a)  common but not necessarily identical issues of fact, or (b)  common but not necessarily identical issues of law that arise from common but not necessarily identical facts; (“questions communes”) “court” means the Superior Court of Justice but does not include the Small Claims Court; (“tribunal”) “defendant” includes a respondent; (“défendeur”) “Minister” means the Attorney General or such other member of the Executive Council to whom the administration of this Act is assigned under the Executive Council Act; (“ministre”) “multi-jurisdictional class proceeding” means a proceeding, (a)  brought on behalf of a class of persons that includes residents from two or more provinces or territories of Canada, and (b)  certified as a class proceeding under this Act or under the law of another Canadian jurisdiction, as the case may be; (“recours collectif multiterritorial”) “plaintiff” includes an applicant; (“demandeur”) “prescribed” means prescribed by the regulations; (“prescrit”) “regulations” means the regulations made under this Act. (“règlements”) 1992, c. 6, s. 1; 2006, c. 19, Sched. C, s. 1 (1); 2020, c. 11, Sched. 4, s. 1 (1). Interpretation, proceeding under this Act (2) For greater certainty, unless the context requires otherwise, a reference to a proceeding under this Act includes reference to, (a)  a proceeding commenced under section 2, regardless of whether it has been certified as a class proceeding; and (b)  a proceeding or proceedings referred to in section 3 or 4, once a motion for certification is made in respect of the proceeding or proceedings. 2020, c. 11, Sched. 4, s. 1 (2). Interpretation, representative party, etc. (3) If the context so requires, a reference in this Act to a representative plaintiff, defendant or party, or to a class or subclass member, includes a reference to a person who would, if a proceeding under this Act were certified as a class proceeding, be a representative plaintiff, defendant or party or class or subclass member, as the case may be. 2020, c. 11, Sched. 4, s. 1 (2). Interpretation, success in a class proceeding (4) For the purposes of this Act, success in a class proceeding includes, (a)  a judgment on common issues in favour of some or all class members; and (b)  a settlement that benefits one or more class members. 2020, c. 11, Sched. 4, s. 1 (2). Section Amendments with date in force (d/m/y) 2006, c. 19, Sched. C, s. 1 (1) - 22/06/2006 2020, c. 11, Sched. 4, s. 1 (1, 2) - 01/10/2020
1.1 A determination under this Act as to whether two or more proceedings involve the same or similar subject matter shall include consideration of whether the proceedings involve the same or similar causes of action and the same or affiliated defendants. 2020, c. 11, Sched. 4, s. 2. Section Amendments with date in force (d/m/y) 2020, c. 11, Sched. 4, s. 2 - 01/10/2020
2 (1) One or more members of a class of persons may commence a proceeding in the court on behalf of the members of the class.  1992, c. 6, s. 2 (1). Registration of proceeding (1.1) A person who commences a proceeding under subsection (1) shall register the proceeding in accordance with the regulations. 2020, c. 11, Sched. 4, s. 3 (1). Motion for certification (2) A person who commences a proceeding under subsection (1) shall make a motion to a judge of the court for an order certifying the proceeding as a class proceeding and appointing the person representative plaintiff.  1992, c. 6, s. 2 (2); 2020, c. 11, Sched. 4, s. 3 (2). Proof of registration (3) The person shall, in an affidavit filed for use on the motion for certification, provide proof that the proceeding was registered in accordance with subsection (1.1). 2020, c. 11, Sched. 4, s. 3 (3). Notice of certification motion to others (4) In addition to giving notice of a motion for certification in accordance with the rules of court, the person shall give notice of the motion to the representative plaintiff of any class proceeding or proposed class proceeding, including a multi-jurisdictional class proceeding or proposed multi-jurisdictional class proceeding, that, (a)  was commenced in a Canadian jurisdiction other than Ontario; and (b)  involves the same or similar subject matter and some or all of the same class members. 2020, c. 11, Sched. 4, s. 3 (3). Submissions (5) A person to whom notice is given under subsection (4) is entitled to make submissions at the hearing of the motion for certification. 2020, c. 11, Sched. 4, s. 3 (3). Section Amendments with date in force (d/m/y) 2020, c. 11, Sched. 4, s. 3 (1-3) - 01/10/2020
3 A defendant to two or more proceedings may, at any stage of one of the proceedings, make a motion to a judge of the court for an order certifying the proceedings as a class proceeding and appointing a representative plaintiff.  1992, c. 6, s. 3; 2020, c. 11, Sched. 4, s. 4. Section Amendments with date in force (d/m/y) 2020, c. 11, Sched. 4, s. 4 - 01/10/2020
4 Any party to a proceeding against two or more defendants may, at any stage of the proceeding, make a motion to a judge of the court for an order certifying the proceeding as a class proceeding and appointing a representative defendant.  1992, c. 6, s. 4; 2020, c. 11, Sched. 4, s. 5. Section Amendments with date in force (d/m/y) 2020, c. 11, Sched. 4, s. 5 - 01/10/2020
4.1 If, before the hearing of the motion for certification, a motion is made under the rules of court that may dispose of the proceeding in whole or in part, or narrow the issues to be determined or the evidence to be adduced in the proceeding, that motion shall be heard and disposed of before the motion for certification, unless the court orders that the two motions be heard together. 2020, c. 11, Sched. 4, s. 6. Section Amendments with date in force (d/m/y) 2020, c. 11, Sched. 4, s. 6 - 01/10/2020
5.1 (1) The court may make any order it considers appropriate on a motion to certify a multi-jurisdictional class proceeding, including, (a)  certifying the proceeding if, (i)  the conditions set out in subsection 5 (1) are met, and (ii)  the court determines, having regard to subsections 5 (6) and (7), that Ontario is the appropriate venue for the proceeding; (b)  refusing to certify the proceeding if the court determines that it should proceed as a multi-jurisdictional class proceeding or proposed multi-jurisdictional class proceeding in another jurisdiction; or (c)  refusing to certify the proceeding with respect to class members that the court determines may be included as class members in a class proceeding or proposed class proceeding in another Canadian jurisdiction. 2020, c. 11, Sched. 4, s. 8. Same (2) In making an order under clause (1) (a), the court may, (a)  divide the class into Ontario resident and non-resident subclasses; (b)  appoint a separate representative plaintiff for each subclass; and (c)  specify, for the purposes of section 9, the manner and time of opting out of the multi-jurisdictional class proceeding with respect to each subclass. 2020, c. 11, Sched. 4, s. 8. Section Amendments with date in force (d/m/y) 2020, c. 11, Sched. 4, s. 8 - 01/10/2020
6 The court shall not refuse to certify a proceeding as a class proceeding solely on any of the following grounds: 1.  The relief claimed includes a claim for damages that would require individual assessment after determination of the common issues. 2.  The relief claimed relates to separate contracts involving different class members. 3.  Different remedies are sought for different class members. 4.  The number of class members or the identity of each class member is not known. 5.  The class includes a subclass whose members have claims or defences that raise common issues not shared by all class members.  1992, c. 6, s. 6; 2020, c. 11, Sched. 4, s. 9. Section Amendments with date in force (d/m/y) 2020, c. 11, Sched. 4, s. 9 - 01/10/2020
7 (1) If the court refuses to certify a proceeding as a class proceeding, the court shall consider whether notice of the refusal should be given under section 19, and whether such notice should include, (a)  an account of the conduct of the proceeding; (b)  a statement of the result of the proceeding; (c)  any other prescribed information; and (d)  any other information the court considers appropriate. 2020, c. 11, Sched. 4, s. 10. Proceeding may continue in altered form (2) If the court refuses to certify a proceeding as a class proceeding, the court may permit the proceeding to continue as one or more proceedings between different parties and, for the purpose, the court may, (a)  order the addition, deletion or substitution of parties; (b)  order the amendment of the pleadings or notice of application; and (c)  make any further order that it considers appropriate. 2020, c. 11, Sched. 4, s. 10. Section Amendments with date in force (d/m/y) 2020, c. 11, Sched. 4, s. 10 - 01/10/2020
8 (1) An order certifying a proceeding as a class proceeding shall, (a)  describe the class; (b)  state the names of the representative parties; (c)  state the nature of the claims or defences asserted on behalf of the class; (d)  state the relief sought by or from the class; (e)  set out the common issues for the class; and (f)  specify the manner in which class members may opt out of the class proceeding and a date after which class members may not opt out.  1992, c. 6, s. 8 (1); 2020, c. 11, Sched. 4, s. 11 (1). Subclass protection (2) Where a class includes a subclass whose members have claims or defences that raise common issues not shared by all the class members, so that, in the opinion of the court, the protection of the interests of the subclass members requires that they be separately represented, subsection (1) applies with necessary modifications in respect of the subclass.  1992, c. 6, s. 8 (2). Amendment of certification order (3) The court, on the motion of a party or class member, may amend an order certifying a proceeding as a class proceeding.  1992, c. 6, s. 8 (3); 2020, c. 11, Sched. 4, s. 11 (2). Section Amendments with date in force (d/m/y) 2020, c. 11, Sched. 4, s. 11 (1, 2) - 01/10/2020
9 Any member of a class involved in a class proceeding may opt out of the proceeding in the manner and within the time specified in the certification order. 1992, c. 6, s. 9; 2020, c. 11, Sched. 4, s. 12. Section Amendments with date in force (d/m/y) 2020, c. 11, Sched. 4, s. 12 - 01/10/2020
10 (1) On the motion of a party or class member, where it appears to the court that the conditions mentioned in subsections 5 (1) and (2) are not satisfied with respect to a class proceeding, the court may amend the certification order, may decertify the proceeding or may make any other order it considers appropriate.  1992, c. 6, s. 10 (1); 2020, c. 11, Sched. 4, s. 13 (1). Proceeding may continue in altered form (2) Where the court makes a decertification order under subsection (1), the court may permit the proceeding to continue as one or more proceedings between different parties.  1992, c. 6, s. 10 (2); 2020, c. 11, Sched. 4, s. 13 (2). Powers of court (3) For the purposes of subsections (1) and (2), the court has the powers set out in clauses 7 (a) to (c).  1992, c. 6, s. 10 (3). Section Amendments with date in force (d/m/y) 2020, c. 11, Sched. 4, s. 13 (1, 2) - 01/10/2020
11 (1) Subject to section 12, in a class proceeding, (a)  common issues for a class shall be determined together; (b)  common issues for a subclass shall be determined together; and (c)  individual issues that require the participation of individual class members shall be determined individually in accordance with sections 24 and 25.  1992, c. 6, s. 11 (1). Separate judgments (2) The court may give judgment in respect of the common issues and separate judgments in respect of any other issue.  1992, c. 6, s. 11 (2).
12 The court, on its own initiative or on the motion of a party or class member, may make any order it considers appropriate respecting the conduct of a proceeding under this Act to ensure its fair and expeditious determination and, for the purpose, may impose such terms on the parties as it considers appropriate. 2020, c. 11, Sched. 4, s. 14. Section Amendments with date in force (d/m/y) 2020, c. 11, Sched. 4, s. 14 - 01/10/2020
13 The court, on its own initiative or on the motion of a party or class member, may stay any proceeding related to the proceeding under this Act before it, on such terms as it considers appropriate.  1992, c. 6, s. 13; 2020, c. 11, Sched. 4, s. 15. Section Amendments with date in force (d/m/y) 2020, c. 11, Sched. 4, s. 15 - 01/10/2020
13.1 (1) In this section, “carriage motion” means a motion for an order under this section. 2020, c. 11, Sched. 4, s. 16. Stay of other proceedings (2) Where two or more proceedings under this Act involve the same or similar subject matter and some or all of the same class members, the court may, on the motion of a representative plaintiff in one of the proceedings, order that one or more of the proceedings be stayed. 2020, c. 11, Sched. 4, s. 16. Timing (3) A carriage motion shall be made no later than 60 days after the day on which the first of the proceedings was commenced, and shall be heard as soon as is practicable. 2020, c. 11, Sched. 4, s. 16. Considerations (4) On a carriage motion, the court shall determine which proceeding would best advance the claims of the class members in an efficient and cost-effective manner, and shall, for the purpose, consider, (a)  each representative plaintiff’s theory of its case, including the amount of work performed to date to develop and support the theory; (b)  the relative likelihood of success in each proceeding, both on the motion for certification and as a class proceeding; (c)  the expertise and experience of, and results previously achieved by, each solicitor in class proceedings litigation or in the substantive areas of law at issue; and (d)  the funding of each proceeding, including the resources of the solicitor and any applicable third-party funding agreements as defined in section 33.1, and the sufficiency of such funding in the circumstances. 2020, c. 11, Sched. 4, s. 16. Decision final (5) The decision of the court on a carriage motion is final and not subject to appeal. 2020, c. 11, Sched. 4, s. 16. Bar on proceedings without leave (6) In making an order under this section, the court shall also bar the commencement, without leave of the court, of any proceeding under this Act involving the same or similar subject matter and some or all of the same class members. 2020, c. 11, Sched. 4, s. 16. Costs (7) Solicitors for the representative plaintiffs who are parties to the carriage motion shall bear the costs of the motion, and shall not attempt to recoup any portion of the costs from the class or any class member, or from the defendant. 2020, c. 11, Sched. 4, s. 16. Bar on proceedings without leave following motion period (8) Despite section 2, a proceeding may not be commenced under that section without leave of the court if, (a)  the proceeding would involve the same or similar subject matter and some or all of the same class members as an existing proceeding under this Act; and (b)  more than 60 days have passed since the existing proceeding was commenced. 2020, c. 11, Sched. 4, s. 16. Section Amendments with date in force (d/m/y) 2020, c. 11, Sched. 4, s. 16 - 01/10/2020
14 (1) In order to ensure the fair and adequate representation of the interests of the class or any subclass or for any other appropriate reason, the court may, at any time in a proceeding under this Act, permit one or more class members to participate in the proceeding.  1992, c. 6, s. 14 (1); 2020, c. 11, Sched. 4, s. 17. Idem (2) Participation under subsection (1) shall be in whatever manner and on whatever terms, including terms as to costs, the court considers appropriate.  1992, c. 6, s. 14 (2). Section Amendments with date in force (d/m/y) 2020, c. 11, Sched. 4, s. 17 - 01/10/2020 Discovery
15 (1) Parties to a class proceeding have the same rights of discovery under the rules of court against one another as they would have in any other proceeding.  1992, c. 6, s. 15 (1). Discovery of class members with leave (2) After discovery of the representative party, a party may move for discovery under the rules of court against other class members.  1992, c. 6, s. 15 (2). Idem (3) In deciding whether to grant leave to discover other class members, the court shall consider, (a)  the stage of the class proceeding and the issues to be determined at that stage; (b)  the presence of subclasses; (c)  whether the discovery is necessary in view of the claims or defences of the party seeking leave; (d)  the approximate monetary value of individual claims, if any; (e)  whether discovery would result in oppression or in undue annoyance, burden or expense for the class members sought to be discovered; and (f)  any other matter the court considers relevant.  1992, c. 6, s. 15 (3). Idem (4) A class member is subject to the same sanctions under the rules of court as a party for failure to submit to discovery.  1992, c. 6, s. 15 (4).
16 (1) A party shall not require a class member other than a representative party to be examined as a witness before the hearing of a motion or application, except with leave of the court.  1992, c. 6, s. 16 (1). Idem (2) Subsection 15 (3) applies with necessary modifications to a decision whether to grant leave under subsection (1).  1992, c. 6, s. 16 (2).
18 (1) When the court determines common issues in favour of a class and considers that the participation of individual class members is required to determine individual issues, the representative party shall give notice to those members in accordance with this section.  1992, c. 6, s. 18 (1). Order respecting notice (2) The court shall make an order setting out when and by what means notice shall be given under this section, and in so doing shall have regard to the factors set out in subsection 17 (3). 2020, c. 11, Sched. 4, s. 19. Means of giving notice (3) The court may, for the purposes of subsection (2), order that notice be given by any of the following means or combination of the following means, and may order that notice be given to different class members by different means: 1.  By any means referred to in paragraphs 1 to 4 of subsection 17 (4). 2.  By any means that may be prescribed. 3.  By any other means the court considers appropriate. 2020, c. 11, Sched. 4, s. 19. Contents of notice (4) Unless the court orders otherwise, notice under this section shall, (a)  state that common issues have been determined in favour of the class; (b)  state that class members may be entitled to individual relief; (c)  describe the steps to be taken to establish an individual claim; (d)  state that failure on the part of a class member to take those steps will result in the member not being entitled to assert an individual claim except with leave of the court; (e)  provide contact information for a person or entity to whom class members may direct inquiries about the proceeding; (f)  include the prescribed information; and (g)  include any other information the court considers appropriate. 2020, c. 11, Sched. 4, s. 19. Court to consider circumstances (5) The court shall make such orders under subsections (2), (3) and (4) as are necessary to ensure that the notice given is the best notice that is practicable in the circumstances. 2020, c. 11, Sched. 4, s. 19. Section Amendments with date in force (d/m/y) 2020, c. 11, Sched. 4, s. 19 - 01/10/2020
19 (1) At any time in a proceeding under this Act, the court may order any party to give such notice as it considers necessary to protect the interests of any class member or party, or to ensure the fair conduct of the proceeding. 2020, c. 11, Sched. 4, s. 20. Order respecting notice (2) The court shall make an order setting out when and by what means notice shall be given under this section, and in so doing shall have regard to the factors set out in subsection 17 (3). 2020, c. 11, Sched. 4, s. 20. Means of giving notice (3) The court may, for the purposes of subsection (2), order that notice be given by any of the following means or combination of the following means, and may order that notice be given to different class members by different means: 1.  By any means referred to in paragraphs 1 to 4 of subsection 17 (4). 2.  By any means that may be prescribed. 3.  By any other means the court considers appropriate. 2020, c. 11, Sched. 4, s. 20. Court to consider circumstances (4) The court shall make such orders under subsections (2) and (3) as are necessary to ensure that the notice given is the best notice that is practicable in the circumstances. 2020, c. 11, Sched. 4, s. 20. Section Amendments with date in force (d/m/y) 2020, c. 11, Sched. 4, s. 20 - 01/10/2020 Notices, general requirements
20 (1) A notice under section 17, 18 or 19 shall be written in a plain language manner. 2020, c. 11, Sched. 4, s. 21. Bilingual (2) A notice under section 17, 18 or 19 shall be written in English and in French, unless the court orders otherwise. 2020, c. 11, Sched. 4, s. 21. Court approval (3) A notice under section 17, 18 or 19 shall be approved by the court before it is given. 2020, c. 11, Sched. 4, s. 21. Section Amendments with date in force (d/m/y) 2020, c. 11, Sched. 4, s. 21 - 01/10/2020
21 The court may order a party to deliver, by whatever means are available to the party, the notice required to be given by another party under section 17, 18 or 19, where that is more practical.  1992, c. 6, s. 21.
22 (1) The court may make any order it considers appropriate as to the costs of any notice under section 17, 18 or 19, including an order apportioning costs among parties.  1992, c. 6, s. 22 (1). Exception, costs of notice of certification (1.1) Despite subsection (1), the costs of any notice under section 17 may be awarded to the representative plaintiff only in the event of success in the class proceeding, except to the extent the defendant consents to their payment in whole or in part at an earlier time, and, for greater certainty, shall not be ordered to be paid by the defendant at any earlier time in the proceeding absent the defendant’s consent. 2020, c. 11, Sched. 4, s. 22. Idem (2) In making an order under subsection (1), the court may have regard to the different interests of a subclass.  1992, c. 6, s. 22 (2). Section Amendments with date in force (d/m/y) 2020, c. 11, Sched. 4, s. 22 - 01/10/2020
23 (1) For the purposes of determining issues relating to the amount or distribution of a monetary award under this Act, the court may admit as evidence statistical information that would not otherwise be admissible as evidence, including information derived from sampling, if the information was compiled in accordance with principles that are generally accepted by experts in the field of statistics.  1992, c. 6, s. 23 (1). Idem (2) A record of statistical information purporting to be prepared or published under the authority of the Parliament of Canada or the legislature of any province or territory of Canada may be admitted as evidence without proof of its authenticity.  1992, c. 6, s. 23 (2). Notice (3) Statistical information shall not be admitted as evidence under this section unless the party seeking to introduce the information has, (a)  given reasonable notice of it to the party against whom it is to be used, together with a copy of the information; (b)  complied with subsections (4) and (5); and (c)  complied with any requirement to produce documents under subsection (7).  1992, c. 6, s. 23 (3). Contents of notice (4) Notice under this section shall specify the source of any statistical information sought to be introduced that, (a)  was prepared or published under the authority of the Parliament of Canada or the legislature of any province or territory of Canada; (b)  was derived from market quotations, tabulations, lists, directories or other compilations generally used and relied on by members of the public; or (c)  was derived from reference material generally used and relied on by members of an occupational group.  1992, c. 6, s. 23 (4). Idem (5) Except with respect to information referred to in subsection (4), notice under this section shall, (a)  specify the name and qualifications of each person who supervised the preparation of statistical information sought to be introduced; and (b)  describe any documents prepared or used in the course of preparing the statistical information sought to be introduced.  1992, c. 6, s. 23 (5). Cross-examination (6) A party against whom statistical information is sought to be introduced under this section may require, for the purposes of cross-examination, the attendance of any person who supervised the preparation of the information.  1992, c. 6, s. 23 (6). Production of documents (7) Except with respect to information referred to in subsection (4), a party against whom statistical information is sought to be introduced under this section may require the party seeking to introduce it to produce for inspection any document that was prepared or used in the course of preparing the information, unless the document discloses the identity of persons responding to a survey who have not consented in writing to the disclosure.  1992, c. 6, s. 23 (7).
24 (1) The court may determine the aggregate or a part of a defendant’s liability to class members and give judgment accordingly where, (a)  monetary relief is claimed on behalf of some or all class members; (b)  no questions of fact or law other than those relating to the assessment of monetary relief remain to be determined in order to establish the amount of the defendant’s monetary liability; and (c)  the aggregate or a part of the defendant’s liability to some or all class members can reasonably be determined without proof by individual class members.  1992, c. 6, s. 24 (1). Average or proportional application (2) The court may order that all or a part of an award under subsection (1) be applied so that some or all individual class members share in the award on an average or proportional basis.  1992, c. 6, s. 24 (2). Idem (3) In deciding whether to make an order under subsection (2), the court shall consider whether it would be impractical or inefficient to identify the class members entitled to share in the award or to determine the exact shares that should be allocated to individual class members.  1992, c. 6, s. 24 (3). Court to determine whether individual claims need to be made (4) When the court orders that all or a part of an award under subsection (1) be divided among individual class members, the court shall determine whether individual claims need to be made to give effect to the order.  1992, c. 6, s. 24 (4). Procedures for determining claims (5) Where the court determines under subsection (4) that individual claims need to be made, the court shall specify procedures for determining the claims.  1992, c. 6, s. 24 (5). Idem (6) In specifying procedures under subsection (5), the court shall minimize the burden on class members and, for the purpose, the court may authorize, (a)  the use of standardized proof of claim forms; (b)  the receipt of affidavit or other documentary evidence; and (c)  the auditing of claims on a sampling or other basis.  1992, c. 6, s. 24 (6). Time limits for making claims (7) When specifying procedures under subsection (5), the court shall set a reasonable time within which individual class members may make claims under this section.  1992, c. 6, s. 24 (7). Idem (8) A class member who fails to make a claim within the time set under subsection (7) may not later make a claim under this section except with leave of the court.  1992, c. 6, s. 24 (8). Extension of time (9) The court may give leave under subsection (8) if it is satisfied that, (a)  there are apparent grounds for relief; (b)  the delay was not caused by any fault of the person seeking the relief; and (c)  the defendant would not suffer substantial prejudice if leave were given.  1992, c. 6, s. 24 (9). Court may amend subs. (1) judgment (10) The court may amend a judgment given under subsection (1) to give effect to a claim made with leave under subsection (8) if the court considers it appropriate to do so.  1992, c. 6, s. 24 (10).
25 (1) When the court determines common issues in favour of a class and considers that the participation of individual class members is required to determine individual issues, other than those that may be determined under section 24, the court may, (a)  determine the issues in further hearings presided over by the judge who determined the common issues or by another judge of the court; (b)  appoint one or more persons to conduct a reference under the rules of court and report back to the court; and (c)  with the consent of the parties, direct that the issues be determined in any other manner.  1992, c. 6, s. 25 (1). Directions as to procedure (2) The court shall give any necessary directions relating to the procedures to be followed in conducting hearings, inquiries and determinations under subsection (1), including directions for the purpose of achieving procedural conformity.  1992, c. 6, s. 25 (2). Idem (3) In giving directions under subsection (2), the court shall choose the least expensive and most expeditious method of determining the issues that is consistent with justice to class members and the parties and, in so doing, the court may, (a)  dispense with any procedural step that it considers unnecessary; and (b)  authorize any special procedural steps, including steps relating to discovery, and any special rules, including rules relating to admission of evidence and means of proof, that it considers appropriate.  1992, c. 6, s. 25 (3). Time limits for making claims (4) The court shall set a reasonable time within which individual class members may make claims under this section.  1992, c. 6, s. 25 (4). Idem (5) A class member who fails to make a claim within the time set under subsection (4) may not later make a claim under this section except with leave of the court.  1992, c. 6, s. 25 (5). Extension of time (6) Subsection 24 (9) applies with necessary modifications to a decision whether to give leave under subsection (5).  1992, c. 6, s. 25 (6). Determination under cl. (1) (c) deemed court order (7) A determination under clause (1) (c) is deemed to be an order of the court.  1992, c. 6, s. 25 (7).
27 (1) A judgment on common issues of a class or subclass shall, (a)  set out the common issues; (b)  name or describe the class or subclass members; (c)  state the nature of the claims or defences asserted on behalf of the class or subclass; and (d)  specify the relief granted.  1992, c. 6, s. 27 (1). Effect of judgment on common issues (2) A judgment on common issues of a class or subclass does not bind, (a)  a person who has opted out of the class proceeding; or (b)  a party to the class proceeding in any subsequent proceeding between the party and a person mentioned in clause (a). 1992, c. 6, s. 27 (2). Idem (3) A judgment on common issues of a class or subclass binds every class member who has not opted out of the class proceeding, but only to the extent that the judgment determines common issues that, (a)  are set out in the certification order; (b)  relate to claims or defences described in the certification order; and (c)  relate to relief sought by or from the class or subclass as stated in the certification order.  1992, c. 6, s. 27 (3); 2020, c. 11, Sched. 4, s. 24. Section Amendments with date in force (d/m/y) 2020, c. 11, Sched. 4, s. 24 - 01/10/2020
27.2 (1) The court may order that all or part of an award under section 24 that has not been distributed to class or subclass members within a time set by the court be paid to the person or entity determined under subsection (3) on a cy-près basis, if the court is satisfied that, using best reasonable efforts, it is not practical or possible to compensate class or subclass members directly. 2020, c. 11, Sched. 4, s. 25. Settlement funds (2) In approving a settlement under section 27.1, the court may approve settlement terms that provide for the payment of all or part of the settlement funds to the person or entity determined under subsection (3) on a cy-près basis, if the court is satisfied that, using best reasonable efforts, it is not practical or possible to compensate class or subclass members directly. 2020, c. 11, Sched. 4, s. 25. Recipient (3) For the purposes of subsections (1) and (2), payment may be made on a cy-près
basis to, (a)  a registered charity within the meaning of the Income Tax Act (Canada) or non-profit organization that is agreed on by the parties, if the court determines that payment of the amount to the registered charity or non-profit organization would reasonably be expected to directly or indirectly benefit the class or subclass members; or (b)  Legal Aid Ontario, in any other case. 2020, c. 11, Sched. 4, s. 25. Section Amendments with date in force (d/m/y) 2020, c. 11, Sched. 4, s. 25 - 01/10/2020
27.3 (1) In this section, “subrogated claim” means a claim that is prescribed as a subrogated claim. 2020, c. 11, Sched. 4, s. 25. Notice of subrogated claim (2) No later than 21 days after a proceeding that includes or may include a subrogated claim is commenced under section 2, the person who commenced the proceeding shall serve the originating process on the person or entity specified by the regulations in respect of the subrogated claim for the purposes of this subsection. 2020, c. 11, Sched. 4, s. 25. Requirement for settlement approval (3) The court shall not approve the settlement of a proceeding under this Act that includes the settlement or release of a subrogated claim unless the person or entity specified by the regulations in respect of the subrogated claim for the purposes of this subsection has, before the hearing of the motion to approve the settlement of the proceeding, (a)  had a reasonable opportunity to consider the proposed settlement or release of the subrogated claim; and (b)  given approval in writing of the proposed settlement or release of the subrogated claim. 2020, c. 11, Sched. 4, s. 25. Section Amendments with date in force (d/m/y) 2020, c. 11, Sched. 4, s. 25 - 01/10/2020 Limitations
28 (1) Any limitation period applicable to a cause of action asserted in a proceeding under this Act is suspended in favour of a class member on the commencement of the proceeding and, subject to subsection (2), resumes running against the class member when, (a)  the court refuses to certify the proceeding as a class proceeding; (b)  the court makes an order that the cause of action shall not be asserted in the proceeding; (c)  the court makes an order that has the effect of excluding the member from the proceeding; (d)  the member opts out of the class proceeding; (e)  an amendment that has the effect of excluding the member from the class is made to the certification order; (f)  a decertification order is made under section 10; (g)  the proceeding is dismissed without an adjudication on the merits, including for delay under section 29.1 or otherwise; (h)  the proceeding is abandoned or discontinued with the approval of the court; or (i)  the proceeding is settled with the approval of the court, unless the settlement provides otherwise. 2020, c. 11, Sched. 4, s. 26. Effect of appeal (2) If there is a right of appeal in respect of an event described in subsection (1), the limitation period resumes running as soon as the time for appeal has expired without an appeal being commenced or as soon as any such appeal has been finally disposed of. 2020, c. 11, Sched. 4, s. 26. Suspension in favour of defendant (3) Any limitation period applicable to a claim by a defendant for contribution and indemnity in a proceeding commenced under section 2 is suspended in favour of the defendant on the commencement of the proceeding, and resumes running against the defendant as soon as the time for appeal of the court’s decision to certify or refuse to certify the proceeding has expired without an appeal being commenced or as soon as any such appeal has been finally disposed of. 2020, c. 11, Sched. 4, s. 26. Section Amendments with date in force (d/m/y) 2020, c. 11, Sched. 4, s. 26 - 01/10/2020 Discontinuance, abandonment and dismissal for delay
29 (1) A proceeding under this Act may be discontinued or abandoned only with the approval of the court, on such terms as the court considers appropriate. 2020, c. 11, Sched. 4, s. 26. Notice (2) In approving a discontinuance or abandonment, or in dismissing a proceeding for delay, other than under section 29.1, the court shall consider whether notice should be given under section 19, and whether such notice should include, (a)  an account of the conduct of the proceeding; (b)  a statement of the result of the proceeding; (c)  any other prescribed information; and (d)  any other information the court considers appropriate. 2020, c. 11, Sched. 4, s. 26. Section Amendments with date in force (d/m/y) 2020, c. 11, Sched. 4, s. 26 - 01/10/2020
29.1 (1) The court shall, on motion, dismiss for delay a proceeding commenced under section 2 unless, by the first anniversary of the day on which the proceeding was commenced, (a)  the representative plaintiff has filed a final and complete motion record in the motion for certification; (b)  the parties have agreed in writing to a timetable for service of the representative plaintiff’s motion record in the motion for certification or for completion of one or more other steps required to advance the proceeding, and have filed the timetable with the court; (c)  the court has established a timetable for service of the representative plaintiff’s motion record in the motion for certification or for completion of one or more other steps required to advance the proceeding; or (d)  any other steps, occurrences or circumstances specified by the regulations have taken place. 2020, c. 11, Sched. 4, s. 26; 2021, c. 25, Sched.1, s. 1. Notice (2) If a proceeding is dismissed for delay under subsection (1), the court shall order that the solicitor for the representative plaintiff give notice of the dismissal by, (a)  publishing the notice and a copy of the order on the website of the solicitor or of the law firm or other entity through which the solicitor practices law; (b)  sending the notice and a copy of the order to every class member who has contacted the solicitor to express an interest in the proceeding; and (c)  taking any other steps to give notice that the court may specify. 2020, c. 11, Sched. 4, s. 26. Same (3) Section 20 applies, with necessary modifications, with respect to a notice required to be given under subsection (2). 2020, c. 11, Sched. 4, s. 26. Costs (4) The solicitor for the representative plaintiff shall bear the costs of giving notice under subsection (2), and shall not attempt to recoup any portion of the costs from the class or any class member, or from the defendant. 2020, c. 11, Sched. 4, s. 26. Section Amendments with date in force (d/m/y) 2020, c. 11, Sched. 4, s. 26 - 01/10/2020 2021, c. 25, Sched.1, s. 1 (1, 2) - 03/06/2021 Appeals
31 (1) In exercising its discretion with respect to costs under subsection 131 (1) of the Courts of Justice Act, the court may consider whether the proceeding was a test case, raised a novel point of law or involved a matter of public interest.  1992, c. 6, s. 31 (1); 2020, c. 11, Sched. 4, s. 28. Liability of class members for costs (2) Class members, other than the representative party, are not liable for costs except with respect to the determination of their own individual claims.  1992, c. 6, s. 31 (2). Small claims (3) Where an individual claim under section 24 or 25 is within the monetary jurisdiction of the Small Claims Court where the class proceeding was commenced, costs related to the claim shall be assessed as if the claim had been determined by the Small Claims Court.  1992, c. 6, s. 31 (3). Section Amendments with date in force (d/m/y) 2020, c. 11, Sched. 4, s. 28 - 01/10/2020
33 (1) A solicitor and a representative party may enter into a written agreement providing for payment of fees and disbursements only in the event of success in a class proceeding.  1992, c. 6, s. 33 (1); 2020, c. 11, Sched. 4, s. 30 (1). (2) Repealed:
2020, c. 11, Sched. 4, s. 30 (2). Definitions (3) For the purposes of subsections (4) to (7), “base fee” means the result of multiplying the total number of hours worked by an hourly rate; (“honoraires de base”) “multiplier” means a multiple to be applied to a base fee. (“multiplicateur”)  1992, c. 6, s. 33 (3). Agreements to increase fees by a multiplier (4) An agreement under subsection (1) may permit the solicitor to make a motion to the court to have his or her fees increased by a multiplier.  1992, c. 6, s. 33 (4). Motion to increase fee by a multiplier (5) A motion under subsection (4) shall be heard by a judge who has, (a)  given judgment on common issues in favour of some or all class members; or (b)  approved a settlement that benefits any class member.  1992, c. 6, s. 33 (5). Idem (6) Where the judge referred to in subsection (5) is unavailable for any reason, the regional senior judge shall assign another judge of the court for the purpose.  1992, c. 6, s. 33 (6). Idem (7) On the motion of a solicitor who has entered into an agreement under subsection (4), the court, (a)  shall determine the amount of the solicitor’s base fee; (b)  may apply a multiplier to the base fee; and (c)  shall determine the amount of disbursements to which the solicitor is entitled, including interest calculated on the disbursements incurred, as totalled at the end of each six-month period following the date of the agreement.  1992, c. 6, s. 33 (7); 2020, c. 11, Sched. 4, s. 30 (3). Idem (8) In making a determination under clause (7) (a), the court shall allow only a reasonable fee.  1992, c. 6, s. 33 (8). Same (9) In making a determination under clause (7) (b), the court shall take into account the factors set out in subsection 32 (2.1), in accordance with subsections (2.2) and (2.3) of that section. 2020, c. 11, Sched. 4, s. 30 (4). Section Amendments with date in force (d/m/y) 2020, c. 11, Sched. 4, s. 30 (1-4) - 01/10/2020
34 (1) The same judge shall hear all motions before the trial of the common issues.  1992, c. 6, s. 34 (1). Exception (1.1) Subsection (1) does not apply with respect to a carriage motion under section 13.1, which shall be heard by a different judge unless the parties to the carriage motion agree otherwise. 2020, c. 11, Sched. 4, s. 32 (1). Idem (2) Where a judge who has heard motions under subsection (1) becomes unavailable for any reason, the regional senior judge shall assign another judge of the court for the purpose.  1992, c. 6, s. 34 (2). Idem (3) Unless the parties agree otherwise, a judge who hears motions under subsection (1), (1.1) or (2) shall not preside at the trial of the common issues.  1992, c. 6, s. 34 (3); 2020, c. 11, Sched. 4, s. 32 (2). Section Amendments with date in force (d/m/y) 2020, c. 11, Sched. 4, s. 32 (1, 2) - 01/10/2020
35 The rules of court apply to proceedings under this Act.  1992, c. 6, s. 35; 2020, c. 11, Sched. 4, s. 33. Section Amendments with date in force (d/m/y) 2020, c. 11, Sched. 4, s. 33 - 01/10/2020
36 This Act binds the Crown.  1992, c. 6, s. 36.
37 This Act does not apply to, (a)  a proceeding that may be brought in a representative capacity under another Act; and (b)  a proceeding required by law to be brought in a representative capacity. (c)  Repealed: 2020, c. 11, Sched. 4, s. 34. 1992, c. 6, s. 37; 2020, c. 11, Sched. 4, s. 34. Section Amendments with date in force (d/m/y) 2020, c. 11, Sched. 4, s. 34 - 01/10/2020 Regulations
38 (1) The Minister may make regulations, (a)  respecting any matter that, under this Act, may or must be prescribed or done by regulation, other than by the Lieutenant Governor in Council under subsection (2); (b)  governing the registration of proceedings under this Act, including, (i)  requiring that documents relating to registered proceedings be provided to a registry specified by the regulations, and governing the provision of those documents, (ii)  requiring and governing proof of the provision of a document as required by regulation under subclause (i); (c)  providing for the establishment of registries of class proceedings or classes of class proceedings commenced in Canada, or of proposed class proceedings, and governing the registries, including requiring and governing their use; (d)  for the purposes of subsection 26 (14), requiring the person or entity who administered the distribution, or such other person or entity as the regulations may specify, to provide a copy of the approved report to the person or entity specified by the regulations, and governing the time and manner in which the copy is required to be provided; (e)  for the purposes of subsection 27.1 (18), requiring the administrator or other person or entity who administered the distribution, or such other person or entity as the regulations may specify, to provide a copy of the approved report to the person or entity specified by the regulations, and governing the time and manner in which the copy is required to be provided; (f)  specifying, for the purposes of any provision of this Act or of the regulations made by the Minister, when a proceeding or class of proceeding shall be considered to have been commenced under section 2. 2020, c. 11, Sched. 4, s. 35. Lieutenant Governor in Council (2) The Lieutenant Governor in Council may make regulations, (a) respecting any matter that, under section 27.3, may or must be prescribed or done by regulation; (b)  for the purposes of subsection 33.1 (5), setting out information that shall not be redacted from a copy of a third-party funding agreement. 2020, c. 11, Sched. 4, s. 35. Section Amendments with date in force (d/m/y) 2020, c. 11, Sched. 4, s. 35 - 01/10/2020
39 (1) Except as otherwise provided by this section, this Act, as it read immediately before section 35 of Schedule 4 to the Smarter and Stronger Justice Act, 2020 came into force, continues to apply with respect to, (a)  a proceeding commenced under section 2 before that day; (b)  a proceeding under section 3 or 4, if the motion for certification was made before that day; and (c)  any other proceeding under this Act that may be prescribed, in the prescribed circumstances, including a proceeding commenced under this Act on or after that day. 2020, c. 11, Sched. 4, s. 35. Same (2) Section 29.1 applies, with necessary modifications, to a proceeding referred to in clause (1) (a), except that the reference in subsection 29.1 (1) to the day on which the proceeding was commenced shall be read as a reference to the day on which section 35 of Schedule 4 to the Smarter and Stronger Justice Act, 2020
came into force. 2020, c. 11, Sched. 4, s. 35. Same (3) If the regulations so provide, section 29.1 applies, with necessary modifications, to any proceedings prescribed under clause (1) (c) that the regulations specify, with such additional modifications as the regulations may specify. 2020, c. 11, Sched. 4, s. 35. Same (4) A regulation made under clause 38 (1) (b) or (c) may apply with respect to proceedings referred to in clauses (1) (a) and (c) and, for greater certainty, may require the registration of any such proceedings in accordance with the regulations and require proof of the registration. 2020, c. 11, Sched. 4, s. 35. Section Amendments with date in force (d/m/y) 2020, c. 11, Sched. 4, s. 35 - 01/10/2020 ______________  Français