Federal Court is Reviewing its Class Action Rules

Written By Katherine Booth and Andrew Froh

The Federal Court Rules Committee is conducting a review of the Federal Court Rules, and is considering changes to the rules applicable to class actions to "reflect procedural changes in the provinces" and, in particular, the 2020 amendments made to Ontario's Class Proceedings Act. 

If changes to the Federal Court's rules are made to align them more closely with Ontario's class action procedure, the Federal Court may become a more challenging forum for plaintiffs to pursue class proceedings.  The Ontario amendments introduced a stricter test for certification by adding superiority and predominance requirements, and introduced a requirement that dispositive motions would by default be heard before or with certification unless ordered otherwise. The Ontario amendments also added rules regarding carriage motions, third-party funding, and mandatory dismissal of proposed class proceedings for delay. 

The Federal Court Rules Committee is receiving input on the potential changes until July 2, 2024.

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• Class action claims can be brought in Federal Court where they relate to matters over which the Federal Court has jurisdiction, such as claims against the federal government and under the Competition Act.
• After the 2020 amendments to Ontario's Class Proceedings Act, there was a relative increase in class action filings in other provinces, notably British Columbia. 
• If similar changes are made to the Federal Court's class action rules, this could result in a further shifting in the Canadian class action landscape.
• Read Bennett Jones' summary of the 2020 amendments Ontario's Class Proceedings Act here. 

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