On this the twentieth anniversary of the Class Proceedings Act, 1992 two recent Ontario Court decisions may significantly change Class Action litigation in Ontario and by implication across Canada. The decisions remind us that the law is fluid and procedural conventions are subject to change. The first decision clarifies when a Statement of Defence must be delivered. The second deals with limitation periods. Both cases are likely to increase pre-certification motions practice as the class action playbook continues to be revised.
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