March 22, 2018
Senior associate James Gotowiec has spoken at length with The Lawyer’s Daily about the Law Commission of Ontario’s (LCO) March 2018 consultation paper “Class Actions: Objectives, Experiences and Reforms.”
The review of Ontario’s class actions is the first since the Class Proceedings Act came into force in 1993.
The article discusses a range of points raised in the consultation paper, a number of which James weighed in on. An excerpt from the article is below.
Another issue addressed was the process for appealing class action certification decisions, including whether appeals from successful certification decisions should be taken directly to the Divisional Court without the need to obtain leave.
“The paper refers to the fact that the need to obtain leave in the case of a successful certification decision, compared to no leave where there is an unsuccessful certification decision, seems lopsided. If they’re going to take a look at that [then it] makes sense to think more about whether that’s still needed,” said Gotowiec.
James also shared his expertise with The Lawyer’s Daily on costs structures and multi-jurisdictional class actions, all topics addressed in the consultation paper.
You can learn more about Torys’ class actions work by heading to its practice page.