Ontario’s Class Proceedings Fund: Separating Fact from Fiction

Ontario’s Class Proceedings Fund (CPF) provides disbursement support for class actions initiated in Ontario. It was established in 1992 as part of Ontario’s class action regime with the goal of increasing access to justice. During the twenty years since it was established, there have been concerns expressed about whether or not it has fulfilled its intended function. Recently, third party funders have entered the marketplace, and some members of the bar have questioned the CPF’s continued relevance. Others have questioned the CPF’s sustainability given increasing costs awards. This article attempts to critically address these issues with reference to the historical data. It argues that the CPF has enhanced class members’ abilities to more fully pursue their lawsuits in Ontario compared to other forms of funding. To date, third party funding has not significantly affected the CPF as third party funders operate in a different market from the CPF; many of the types of cases that the CPF supports are unlikely to attract third party funding. Further, the CPF offers a method of funding that has the least potential for conflicts of interest — an issue that is currently of significant concern with respect to third party funding arrangements. This article concludes by arguing that for the foreseeable future, the CPF will remain sustainable and will continue to be an important part of the class action framework in Ontario.