The report found that funded cases are more likely to succeed
The Ontario Law Foundation has released a new report investigating the impact of the Class Proceedings Fund on class actions law and trends in the province.
The CPF has been in place for over three decades, prompting the LFO to review its track record and effect. The report indicated that the fund financed about 13 percent of all Ontario class actions.
The “Advancing Access to Justice, A Review of the Class Proceedings Fund’s Impact” report presented the following main conclusions:
The financial cushion enabled cases to test new areas of law, facts, and claims, the report found. Many funded cases are cited as precedents and have significantly aided in progressing Charter of Rights and Freedoms claims.
The report also indicated that 65 percent of funded cases resulted in either settlement or a positive ruling. Class action participants received about $1.9 billion in damages or other benefits.
Determinations for funded cases were based on merits as they passed various litigation stages unhampered by procedural or financial obstacles. Five of 6 class actions that reached the Supreme Court of Canada were funded.
The number of applications for funding dropped with changes in class actions legislation and adverse costs. Moreover, the supported claims were similar to general claims, with cases involving the Crown and professional negligence having a slight edge.
As of December 31, 2025, the class proceedings committee heard 354 initial applications, financed 255 cases, granted $68 million in disbursements, and paid over $27 million in adverse costs.
Since 1992, the CPF has supported class actions plaintiffs with disbursement expenses like expert and administrative fees. They have also indemnified plaintiffs for costs that may be issued against them.
The five-strong, independent Class Proceedings Committee makes all funding decisions. Committee members are named by the foundation and/or the Ontario attorney general.
Adair Goldblatt Bieber LLP managing partner Jordan Goldblatt was appointed to the committee last year.
