The Class Proceedings Fund is shaping class actions law and trends in Ontario. This is a key takeaway of The Law Foundation of Ontario’s new report: Advancing Access to Justice, A Review of the Class Proceedings Fund’s Impact.
With more than 30 years under its belt, it was prime time to study the Class Proceeding Fund’s track record and impact. The research explored 3 main questions:
- Has the Fund advanced the purposes for which it was established?
- How and to what extent has the availability of funding supported the development of class actions law?
- Has the Fund assisted class members in achieving justice?
The beginning
Before 1992, class actions legislation did not exist in Ontario. The province passed the Class Proceedings Act (the Act) in 1992 to allow legal cases to be brought against one or more defendants on behalf of a group or “class” of people. Understanding the financial risks of class actions, the legislature decided that with the legislation should come a nonprofit fund administered by The Law Foundation of Ontario that could support parties with class actions in the public interest.
Since then, the Class Proceedings Fund has been enabling plaintiffs to pursue class actions by providing financial support for disbursement expenses associated with a case, such as expert and administrative fees, and by indemnifying (i.e. protecting) plaintiffs for costs that may be awarded against them. All funding decisions are made by the independent Class Proceedings Committee, which consists of 5 members appointed by the Foundation and/or the Attorney General of Ontario.
30-year impact: four main conclusions
A Review of the Class Proceedings Fund’s Impact is a compelling story of the Fund’s performance and the ways it has shaped class actions law and access to justice in Ontario. The CPF funds approximately 13% of all class actions in Ontario. The report’s insights came from examining the Fund’s records, researching significant case law developments, and conducting a detailed analysis of available data of class actions. The study draws 4 main conclusions:
- Class Proceeding Fund funding allows cases to test and advance the law
Presumably because of the financial safety net, funded cases led the way in testing new areas of law, facts, and claims. Win or lose, several of the cases are now oft-cited precedents, and advancements in entire areas of law, such as Charter of Rights and Freedoms claims, were overwhelming driven by funded cases.
- Funding allows cases to go further
Funded cases went further through various stages of litigation, allowing for determinations based on the merits of the case, rather than being thwarted by procedural or financial barriers. Out of the first 6 class actions that went before the Supreme Court of Canada, all but 1 were funded cases.
- Funding leads to a higher prospect of success for the plaintiff and class
Funded cases have a stronger likelihood of success compared to those denied funding. A clear majority of funded cases, 65%, ended in a successful settlement or judgment and approximately $1.9B in damages or other benefits has been achieved for the class members.
- Application trends reflect class action trends
The Fund’s activities reflected class actions trends broadly. When class actions legislation and adverse costs awards fluctuated, so did the number of applications received. The types of claims supported were similar to those brought generally, with slightly more cases related to matters involving the Crown and professional negligence.
Serving the public interest
The report digs deeply into the Fund’s performance. Overall, the Class Proceedings Committee has heard 354 initial applications, funded 255 cases, awarded $68M in disbursements, and paid over $27M in adverse costs. (All as of December 31, 2025.)
Behind these figures are the dedicated Committee members, the Foundation staff and Trustees who assisted the Committee, and of course the numerous class counsel and representative plaintiffs whose hard work earned significant recovery for class members. Most importantly, these numbers represent the tens of thousands of individuals who faced harms. These include victims of institutional abuse, those who have been unconstitutionally detained, those subject to solitary confinement, defrauded consumers, those suffering unintended side effects from medical procedures, victims of privacy breaches, employees and pensioners who were not paid what they were owed, those impacted by environmental contamination, shareholders who were lied to, those denied services they had the legal right to, and the list goes on. Given the financial risks and expenses of a class action, many cases would never have been litigated without the Fund. The Class Proceedings Fund’s greatest impact are the voices heard, lives changed, and public interests advanced.
Download the full report
Download the executive summary
