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Class Proceedings Act


FpClass Proceedings Act proceedings embodied in Ontarios current legislation The Commissions goals in promoting reform of the Ontario class procedure included increasing potential claimants access to

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Document on Subject : "Class Proceedings Act"— Transcript:

1 F Class Proceedings Act, p Class Procee
F Class Proceedings Act, p Class Proceedings Act p roceedings embodied in Ontario's current legislation. The Commission's goals in promoting reform of the Ontario class procedure included increasing potential claimants' access to the court system and j udicial economy. The Commission is of the view that many claims are not individually litigated, not because they are lacking in merit or unimportant to the individual claimant, but because of economic, socia

2 l, and p sychological bathers. We belie
l, and p sychological bathers. We believe that class actions can help to overcome such barriers and, by p acteristic and inevitable in all circumstances.14 p rovincial jurisdiction. 11 Lees, supra, 12 Volumes 1,2,3 (Toronto: Queen's Printer, 1982) [Hereinafter Report on Class Actions.] 13 I vol. 1, at 139. seem to be following the American p element of the adjudicative process is that it is held in an open forum, because "not only must Justice be 20 C.

3 Fazzi, "Disaster When it strikes, ADR ca
Fazzi, "Disaster When it strikes, ADR can come to the rescue in resolving mass tort claims" es. J. (Feb 1998)16. 21 (Also see generally the May 1998 volume of Dispute Resolution Journal for further discussion of resolution of mass tort claims through ADR.) 22 "ADR Ranked As Equal to Litigation" Dis. Res. T. (Summer 1994) at 1. 23 S. Hanna,"What's New in Alternative Dispute Resolution?" Canadian Lawyer (May 1997) at 35. For further information regarding Ontra

4 rio's Mandatory Mediation Program, pleas
rio's Mandatory Mediation Program, please see: Ministry of the Attorney General of Ontario (1998), online:/ &#xhttp;&#x:/ 0;;us.gov.on.ca/ (last modified: 29 March 1999). A second element of adjudication is the inherent slowness of this system. This is due to the adversarial nature of litigation combined with the fact that new civil disputes (that is, disputes between private p arties, such as accessible justice system,"27 Ontario's Mandatory p rovide a con

5 text for the discussion of Justice Winkl
text for the discussion of Justice Winkler's court order regarding YFC which follows in Section IV. The new program will mandate three hours of mediation for civil (non-family) disputes, including personal injury claims. 24 I p ay for property damages, physical injuries, psychological injuries and expenses caused by the accident."34 The TTC and its employee, subway train operator Robert Jeffrey, had admitted liability soon after the accident occurred, on or

6 about November 6,1995. However, the clai
about November 6,1995. However, the claimants would not be entitled to punitive and exemplary damages, pursuant to paragraph 8, as plaintiffs counsel agreed in r about mid 1996 to a dismissal of such damages as part of the overall ADR model. Without the TTC 's admission of liability, it would have been impossible for the bulk of claims (that were small) to have p y all legal costs as deterward, these settlement provisions p claims that they believed were I

7 bid.court system. That is because an im
bid.court system. That is because an im p of the class action and resolve their action agains Ibid.Ibid.. 2 Hereinafter Summary of Procedure. Where mediations resulted in a settlement, the c p ursuant to Rule 54 of the Rules of Civil Procedure, and for both parties to confirm the result by consenting to the report after issuance.48 The reports did not disclose any of the confidential information disclosed during mediation, rather they served as written confir

8 mation of the settlement of p This arbi
mation of the settlement of p This arbitration was not on the merits of the case, rule on a motion as to whet p laintiff had previously agreed to drop his claim against the TTC . The arbitrators found that this claimant had earlier agreed to drop his claim and was ordered to pay $2500 to the TTC for its legal costs.50 46 Lees, supra, at 28. 47 Winkler Judgment, 48 Summary of Procedure, supra, at 2. 49 Defence counsel stated that the mediation process took 7

9 to 8 months in total to complete (at a r
to 8 months in total to complete (at a rate of up to 4 mediation sessions conducted per day). Leck further noted that approximately 98 per cent of the class action claims were resolved well within two years of the subway accident. As of early February 1999, all of the class action claimants have settled except one, however, this claimant is expected to settle soon. The delay in resolution of this claim, which is very small, was due to non-accident related p

10 roblems which prevented the claimant fro
roblems which prevented the claimant from participating in the ADR process to date. Another outstanding claim, a family of four (husband, wife, son and nephew) who opted out of the class action, will be proceedin g to mediation in June, 1999.51 54 I e company in a mass tort claim also reflects the themselves as an extremely beneficial outcome of thIbid.expands the number of peoplmodel allows flexibility that is is trators to discuss types of cases and appr

11 opriate ranges of awards... there was an
opriate ranges of awards... there was an exchange of ideas and a general consensus among all those involved as to the appropriate approach to cases, the principles to be applied and the appropriate ranges of damages.62 Clear and open communication between all parties was the key. The outcome of the TTC case strongly supports an argument for incorporating ADR as a fundamental element in our justice system. The success of combfor the resolution of similar mass

12 tort claims, such Hanna, S.S. "What's N
tort claims, such Hanna, S.S. "What's New in Alternative Dispute Resolution?" Can. Law. (May 1997) 35. Leck, B. "ADR In Action" Canadian Insurance (May 1997) 16. Leck, B. "The Class Action and the DR Process - Option Three Personal Reflections on Rhyme and Reason" Advanced ADR Seminar unpublished. Lees, D. "Justice out of court" The Financial Post Magazine (May 1998) 22. Letter from B. Leck to N. Furmston (16 October 1998, 5 February 1999, and 11 February 19

13 99). Letter from D. Fong to N. Furmston
99). Letter from D. Fong to N. Furmston (19 October 1998). Letter from The Honourable Mr. Justice W. K. Winkler to N. Furmston (4 November 1998). LSUC Dispute Resolution Subcommittee. "ADR Alternatives" (Final Report to Convocation, Toronto, 26 February 1993). McGowan & Associates. "Summary of Procedure for Godi v. TTC Mediation/Arbitration Process" (20 N El. y ler, T. "Le g al experiment cheaper and quicker, but is it le g al?" (Summer 1994) 3:1 Can. Arb.