Legal insights from Cheryl Woodin, Charlotte Harman and Katrina Crocker are included in
Law Times' look at Ontario's Bill 161. They say the most significant change in the
Smarter and Stronger Justice Act, 2019 is the introduction of a “predominance” requirement to the test for certification of a class action in Ontario.
“Historically, the lack of a predominance requirement is likely what has made Ontario (consistent with other provinces) a friendly jurisdiction for class actions that typically involve many individual issues, such as product liability and personal injury cases.”
Cheryl, Charlotte and Katrina wrote on
Bill 161's Predominance Test to Alter the Landscape on Class Proceedings in Ontario in December 2019.