In the world of class action litigation, there is often talk about the David vs. Goliath dynamic. In my professional experience, I have represented individuals who have been harmed, whether by institutional misconduct, a privacy breach, or corporate negligence, against entities that are often better-resourced and better-prepared to handle long, expensive legal battles.
For over 30 years, Ontario has had a vital tool that helps level the playing field: the Class Proceedings Fund. The Law Foundation of Ontario recently released a report, Advancing Access to Justice, which provides a compelling look at how the Fund brings real accountability to our courts. As an advocate for class plaintiffs, I find the report’s conclusions especially resonant.
An Essential Component of the Justice System
The Fund has been a silent partner in Ontario’s most significant class proceedings. With 255 funded cases and nearly $70 million in disbursements, its impact is undeniable. Its real value lies in the cases that never start without that safety net. When I assess a potential class proceeding, disbursement costs and the risk of adverse costs can be daunting. Without the Fund’s protection, many meritorious public-interest claims would likely never reach a courtroom.
Impact Beyond the Numbers
The Fund’s 65% success rate and the $1.9 billion in recovery for class members speak for themselves. Beyond the settlement totals, funded cases have helped propel the law forward. By allowing counsel to pursue cases on their merits, the Fund has been active in shaping Ontario law, from Charter rights to privacy standards. It has enabled us to litigate novel facts that have clarified the law for all Ontarians.
My Commitment to the Class
At Flaherty McCarthy LLP, I have seen this firsthand. I am proud of the firm’s work on landmark cases, including the recent $21-million settlement for the class action against Dr. Vincent Nadon and the University of Ottawa. As I noted when that settlement was approved, this process was about ensuring survivors’ voices were heard, their dignity restored, and their experiences recognized.
That mission is why I do what I do. I continue to prosecute cases across a broad spectrum, ranging from defective medical devices like Nardi v. Livanova to sexual assault and voyeurism. My record and the firm’s record speak for themselves, from privacy cases like Drew v. Walmart Canada Inc. and Rowlands v. Durham Region Health to significant negligence and breach-of-contract matters.
Class action litigation is a demanding road. The Law Foundation of Ontario’s stewardship of the Class Proceedings Fund has been integral to making that road more traversable for those who need it most. It is an institution that consistently demonstrates a commitment to the public interest, and that vision of the law is one I am honoured to support.
Written by Sean A. Brown, Partner
