Terms of Reference

PRINT TERMS OF REFERENCE

(Approved by the Committee on April 2, 2019; confirmed by Associate Chief Justice Frank Marrocco on July 3, 2019; amended by the Committee on January 12, 2021)

  1. PURPOSE

  1. The Class Action Bench-Bar Liaison Committee is a bench-bar committee in Ontario established for the following purposes:
    1. to develop practice initiatives to improve the conduct of class proceedings, and
    2. to facilitate communication between class action bench and bar.

Law reform is not the specific purpose of the Committee, although practice initiatives pursued by the Committee may contribute to the development of practice directions or inform future legal reform projects.

  1. MEMBERSHIP

  1. The bench members of the Committee will be appointed from time to time by the Chief Justice of the Superior Court of Justice, or his or her designate. The Chief Justice, or designate, may appoint other members of the Committee who are not judges.
  2. The bar members of the Committee will be selected by the Committee, after consultation with the Class Actions Section Executive of the Ontario Bar Association, The Advocates’ Society, and such other bar associations or other bodies as the Committee may decide or the Chief Justice, or his or her designate, may direct, through a process that ensures, to the extent reasonably possible:
    1. representation of both plaintiff and defence perspectives
    2. regional representation
    3. gender representation and representation of equity seeking groups
    4. representation of public and private sector lawyers
  3. There shall be up to 12 bar members of the Committee. Membership in a particular bar association or other body is not a requirement for membership on the Committee.
  4. The bar members will be appointed for two-year terms, to begin in January of each year, with half of the bar members appointed annually, following a public call for nominations. 1 
  5. The Committee will strike a Nominations Subcommittee no later than September meeting of each year for candidates for appointment as bar members of the Committee.
  6. The Chair shall arrange for a public call for nominations to be issued in September, and consultations with bar associations and other bodies will occur in September with a nomination deadline in October. A list of candidates shall be prepared. After nominations are received in October, the Chair will provide the list of candidates to bar associations for comment. A deadline in November will be set for bar associations to provide feedback and recommendations from among the nominees.
  7. The Nominations Subcommittee will review all nominations and the feedback and recommendations received from bar associations and will recommend a slate of new bar members for consideration by the Committee at its final meeting of the calendar year. The Committee will consider and vote on the slate at its November meeting. All bar members selected by the Committee are subject to final approval by the Chief Justice, or his or her designate.
  8. At the Committee’s final meeting of the calendar year, the Committee shall select (a) its Chair for the forthcoming calendar year, who shall be a returning bar member; and (b) its Secretary for the forthcoming calendar year, who need not be a member of the Committee.
  9. A bar member of the Class Action Bench-Bar Liaison Committee may be re-appointed to the role after his or her initial two-year term, for up to one additional two-year term. After a bar member has rotated off the Committee for a two-year period, the bar member may be re-appointed to the Committee.
  10. If a mid-term vacancy among the bar members on the Committee arises, the Committee may appoint someone to fill the vacancy for the remainder of the term of the position vacated, with or without a public call for nominations or consultation with bar associations or other bodies. A bar member appointed to fill a vacancy may be re-appointed to the role for up to one additional two-year term.

  1. ADMINISTRATIVE POSITIONS

  1. The Class Action Bench-Bar Liaison Committee has the following administrative positions:
    1. Two Co-Chairs, one appointed by the Chief Justice, or his or her designate, from among the bench members and one selected by the Committee from among its bar members.

    2. A Secretary, who need not be a member of the Committee.

    3. Working Group Chairs and Co-Chairs as appointed by the Working Groups from time to time.

  1. COMMUNICATION WITH THE BENCH AND BAR

  1. The Committee will engage in ongoing communication with the bench and bar in connection with its practice improvement initiatives, by, among other things:
    1. soliciting input on priorities;
    2. soliciting input on proposed or draft practice improvement initiatives;
    3. raising awareness about the role of the Committee, and its initiatives;
    4. conducting continuing legal education; and
    5. regular communication, including the publication of a brief annual report summarizing the work of the Committee in the past year.

1 The Class Action Bench-Bar Liaison Committee was formed in 2018. The terms of up to six bar members will terminate in January 2020 and up to six new bar members will be appointed in November 2019 to commence their terms in January 2020.  If necessary, the Committee will implement an impartial process to identify the bar members whose terms will terminate in January 2020.