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.
Join our panel of experts as they discuss third party funding, engage in a comparative analysis of the costs regimes, and debate where Ontario is, and should be, headed.