Can I opt out of a class action lawsuit in Ontario if I don't want to be part of it?
Yes — under Ontario's Class Proceedings Act, 1992, most class actions are structured so that eligible class members are automatically included unless they take a specific step to opt out during a defined window after the class is certified and notice of the proceeding goes out. If you don't opt out within that window, you generally remain part of the class and are bound by the outcome of the common issues, whether the case ultimately succeeds, fails, or settles, without needing to actively participate yourself.
Opting out generally means you give up your right to share in whatever the class action achieves, but you also generally preserve your ability to pursue your own individual claim separately, if you'd genuinely prefer to control your own case rather than being bound by a collective result you didn't choose. This can make sense where your individual claim is unusually large or different enough from the typical class member's situation that pursuing it separately, with your own lawyer, might realistically produce a better outcome than sharing in a common resolution. Deciding whether to opt out is worth thinking through carefully, given that missing the opt-out window generally means you're bound by the class proceeding either way.
Key takeaways
- Class members are generally included automatically unless they opt out within a defined window.
- Missing the opt-out window generally means being bound by the outcome of the common issues.
- Opting out preserves the right to pursue an individual claim, but gives up any class recovery.
- Consider opting out mainly where your individual claim is unusually large or different from the typical class member's.