What question did this study set out to answer?

The research aims to understand the reasons for the disparity in case certification rates between Ontario and other provinces in Canada.

February 9, 2026

Certification Rates in Ontario Versus The Rest of Canada: Why the Disparity?

Key Points

The research aims to understand the reasons for the disparity in case certification rates between Ontario and other provinces in Canada.
Reviewed certification cases from a year-long period in the common law provinces
Examined attitudes towards class proceedings across jurisdictions
Identified trends in reasons for non-certification
Significantly more cases are certified in Ontario than in other provinces
Permissive attitudes in Ontario contribute to higher certification rates
Diverse approaches to legal causes of action are noted in different jurisdictions

Abstract

There is a disparity in the certification of cases in common law Canada, whereby far more cases are certified in Ontario than in other jurisdictions. This appears to be driven both by more permissive attitudes towards class proceedings in Ontario, and an apparently more “creative” approach by plaintiffs to causes of action outside Ontario. A review of the cases in a year-long period in the common law provinces reveals little consistency as to the reason a cause isn’t certified in any given jurisdiction, but trends do emerge.

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