Costs and Litigation Funding in Class Actions Law in Canada
Author(s): Ontario Bar Association
Publication Date: February 2019
Format: shipped (hardcopy), download (PDF)


Description
When it comes to class actions, costs regimes vary across Canada. Ontario follows the traditional two-way costs regime while other jurisdictions like British Columbia have adopted a no cost regime. BC recently reaffirmed this rule in amendments to its Class Proceedings Act, at a time when Ontario is about to consider its own amendments.

The issue of costs has become one of the most contentious aspects of Ontario's class proceedings. Recent multi-million dollar costs awards have alarmed some while reassuring others. Ontario's solution, the Class Proceedings Fund, has provided protection at an added cost to class members in a number of cases. The ripple effects of significant costs awards, and the absence and impracticality of financial support from the Class Proceedings Fund in all cases have led to the advent of private third party funding.

PROGRAM CHAIRS

Mohsen Seddigh, Sotos LLP
Emilie Maxwell, Siskinds LLP

TABLE OF CONTENTS

Framework for Third Party Funding of Class Actions in Ontario
Margaret Waddell, Waddell Phillips PC
Steve Tenai, Aird & Berlis LLP

Framework for Third Party Funding of Class Actions in Ontario Powerpoint Presentation Slides
Margaret Waddell, Waddell Phillips PC
Steve Tenai, Aird & Berlis LLP

Costs vs No Costs
Mirilyn Sharp, Blaney McMurtry LLP

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