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Proceedings Under the Class Proceedings Act, 1992Practice DirectionTo promote the goals of the Class Proceeding Act, 1992, including judicial economy and access to the courts, each Regional Senior Justice has assigned one or more judges to coordinate all class proceedings in that region. To increase efficiency and provide a degree of consistency, in keeping with the case management approach ascribed to the court by the Act, the Class Proceedings Judge will preside over the majority of pre-trial class proceedings motions and certifications in that region. To assist the bar, a central Class Proceedings Registry has been established to monitor the commencement and progress of all class proceedings in the province. Osgoode Hall Assigned Judges 1. The Regional Senior Justice in each region will assign one or more judges from that region as the "Class Proceedings Judge." The Class Proceedings Judge(s), or other judge assigned by the Regional Senior Justice, will hear motions for certification under the Class Proceedings Act, 1992 brought in that region. 2. The names of assigned Class Proceedings Judges may be obtained from the Regional Managers in each Region:
Class Proceedings Registry 3. A central class proceedings registry will be established to monitor and track all class proceedings in the province. The purpose of the registry is to ensure that once a class is certified, other members of the same class do not attempt to certify a second proceeding. Originating Process and Court Documents 4. The title or proceeding for every class proceeding shall state that it is a "Proceeding under the Class Proceedings Act, 1992." 5. Every Class proceeding shall have appended to the court file number the letter CP, indicating that it is a class proceeding. 6. A copy of the originating process of any proceeding commenced under the Class Proceedings Act, 1992 must be filed with the Class Proceedings Registry at the Civil Intake Office, 393 University Avenue, Toronto, Ontario, M5G 1E6, in addition to the court office in the jurisdiction where the matter was commenced. The originating process may be sent to the Registry by registered mail, ordinary mail, facsimile (416) 327-6187, or it may be filed. 7. The solicitor of record for the party who commences the proceeding must complete a Certificate of Compliance, verifying that a copy of the originating process has been filed with the Registry. The Certificate of Compliance must be filed forthwith in the court office where the action was commenced. Procedure on Motions and Other Hearings 8. In accordance with the statutory scheme, the judge hearing the pre-trial motions will case manage the proceeding. Revised February 2006 |
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