Toronto, Canada – The landscape of litigation is witnessing a shift in Ontario as more plaintiffs’ firms opt for mass torts over the traditional class action approach, a trend less pronounced in other Canadian provinces. Legal experts from Blake’s Law Firm delved into the reasons behind this shift and explored how different regions across Canada are adapting to these changes.
Mass torts involve pursuing multiple individual legal actions instead of a single class action lawsuit, especially in cases involving similar or identical products linked to the same manufacturer. Robin Linley, a litigator with Blake’s Litigation & Dispute Resolution group, highlighted recent legislative changes in Ontario that have made class action certification more stringent. These complexities have led many plaintiffs’ lawyers to favor the mass tort model as it potentially provides more direct control over each case and ensures a place at the settlement table.
In contrast, the approach in Quebec diverges significantly. Ariane Bisaillon noted that Quebec still sees a preference for class actions, facilitated by a more liberal interpretation of the ‘commonality’ requirement needed during the authorization (certification equivalent) stage. She added that Quebec’s procedural rules do not favor mass torts, coupled with a judicial system that includes ten judges dedicated specifically to managing class actions.
Moving westward to British Columbia, the scenario changes yet again. According to Robin Reinertson, also a Blake’s lawyer, the certification threshold in B.C. is relatively low compared to Ontario, discouraging the mass tort approach. The province’s no-cost regime for class actions also reduces financial risks for plaintiffs seeking this legal route, sustaining its popularity.
The discussion also touched on national coordination in managing mass torts, where cases span across multiple provinces. Linley stressed the importance of having a unified legal team to handle complex litigation strategies effectively, reflecting on the need to adapt to each province’s rules and timelines.
Ariane Bisaillon pointed out the rapid proceedings in Quebec legal systems which necessitate specific strategies to synchronize defense efforts across different jurisdictions. Meanwhile, Reinertson underscored the need for meticulous coordination in cases that straddle provincial boundaries, noting the different legal outcomes and strategic decisions that might be used in other regions.
This shift towards mass torts in Ontario and the varied responses in other provinces capture the evolving nature of collective litigation in Canada, reflecting how legal strategies adapt to legislative environments and judicial attitudes.
Listeners interested in the underlying complexities of mass torts versus class actions in Canada can find further insights by visiting Blake’s official website.
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