Class Proceedings Fund

About the Class Proceedings Fund

In 1992, an amendment under the Law Society Act established the Class Proceedings Fund and the Class Proceedings Committee.

The Class Proceedings Fund:

  • Provides financial support to approved class action plaintiffs for legal disbursements.
  • Indemnifies plaintiffs for costs that may be awarded against them in funded proceedings.

This support enables individuals to use the law to improve their lives and the lives of many others. Without it, potential class action plaintiffs could be discouraged from pursuing their claims. This is because the personal benefit to them might be quite small and they would risk exposure to significant costs awards against them if the lawsuit is unsuccessful.

What are the sources of funding?

The Class Proceedings Fund receives a levy in the amount of 10% of any awards or settlements in favour of the plaintiffs in funded proceedings plus a return of any funded disbursements. Its initial funding came from a $500,000 grant from The Law Foundation of Ontario.

Role of the Class Proceedings Committee

The Law Foundation of Ontario and the Attorney General each appoint one member of the Class Proceedings Committee and jointly appoint the other three. The members are independent of their appointing bodies.

The Class Proceedings Committee is responsible for making decisions about whether applicants will receive support from the fund. Considerations include:

  • Strength of the case
  • Scope of public interests involved
  • Plaintiff’s fund-raising efforts
  • Likelihood of certification as a class proceeding
  • Availability of funds at the time of application
  • Presence of other relevant case-specific factors

Role of The Law Foundation of Ontario

The Foundation:

  • Supports the Class Proceedings Committee by administering the Class Proceedings Fund
  • Provided $500,000 to establish the Class Proceedings Fund
  • Appoints one member of the Committee and jointly appoints three members with the Attorney General of Ontario

Contact information

For additional information concerning the Class Proceedings Committee and the Class Proceedings Fund, please contact:

Gina Papageorgiou
Class Proceedings Committee