Ontario would take a step backward with proposed class action changes, critics say

In this Law Times article, Paul-Erik Veel shares his expert opinion on the proposed changes to class action certification tests in Bill 161, the Smarter and Stronger Justice Act, 2019.

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While most of the changes in bill 161 provide “much-needed” modernization to the class action system in Ontario, Lenczner Slaght Partner Paul-Erik Veel commented that “there will undoubtedly be a difference in opinion on this.” 

“Undoubtedly this new requirement will have some effect in raising the bar for certification,” wrote Veel. “If any certified common issues really do pale in comparison to any individual issues, then it is important to ask what the point of obtaining certification even is.”