Anne Merminod
Torys, Montréal

Sarah Whitmore
Torys, Toronto

Canada continues to entrench itself as one of the most active and plaintiff‑friendly class action jurisdictions globally. In 2025, more than 200 proposed class actions were filed across the country, confirming both the scale and the sustained momentum of collective litigation north of the border. For international lawyers advising multinational clients, these developments underscore Canada’s growing relevance as a source of litigation risk, particularly in matters involving data, digital business models and emerging technologies.

Québec accounts for nearly half of all new filings nationwide. Its procedural framework, which imposes a relatively low threshold at the authorisation stage, continues to make it an attractive forum for claimants. British Columbia followed with a substantial share of filings, while Ontario, although still a key jurisdiction, recorded fewer new cases, likely reflecting a more demanding certification regime following legislative reform. Together, these three provinces continue to shape the national class action landscape and warrant close attention from foreign counsel assessing jurisdictional exposure.

A deeper dive into the 2025 class action landscape

Beyond sheer volume, the composition of filings in 2025^[1] reveals important shifts in risk. Consumer protection class actions once again dominated the dockets. These claims increasingly reflect the realities of digital commerce. Courts are being asked to scrutinise online purchasing pathways, fee disclosure practices and the design of digital interfaces. Allegations relating to ‘drip pricing’, where mandatory fees are revealed only late in the transaction process, featured prominently and align closely with enforcement and litigation trends seen in the US and Europe.

Data privacy class actions experienced one of the most significant year‑on‑year increases. Claims arising from alleged unlawful collection, the use or disclosure of personal information, as well as cybersecurity incidents, nearly tripled compared to the prior year. Technology companies, online platforms, artificial intelligence (AI)‑driven services and public bodies holding large volumes of personal data were frequent targets. For international organisations operating in or through Canada, this trend highlights the growing convergence between privacy regulation and class action risk, particularly where cross‑border data flows and third‑party service providers are involved.

AI emerged as a defining feature of the 2025 class action landscape. While AI‑related litigation has already gained traction in other jurisdictions, Canada saw a notable concentration of AI‑linked intellectual property claims, particularly in the copyright space. Plaintiffs alleged the unauthorised use of copyrighted materials in the development and training of large language models, including the use of scraped or pirated content. These cases place Canadian courts at the forefront of legal debates that are likely to shape global norms around AI development, data sourcing and intellectual property rights.

In parallel, early ‘AI washing’ claims also began to surface. These actions allege misleading marketing practices where businesses overstate or misrepresent the role of AI in their products or services. Although still emerging, this category reflects broader regulatory and litigation scrutiny of technology marketing and signals potential future growth, especially as AI becomes embedded in consumer‑facing offerings.

Other sectors also experienced notable increases. Automotive class actions rose sharply, with many claims alleging the existence of defective components. Environmental litigation continued to gain momentum, with filings doubling compared to the previous year. These included claims relating to poly- and perfluoroalkyl substances (PFAS) contamination, microplastics and alleged greenwashing practices. As in other jurisdictions, Canadian environmental class actions increasingly mirror US trends, reinforcing the cross‑border nature of environmental litigation risk for global businesses. 

From a procedural standpoint, 2025 also demonstrated Canada’s continued receptiveness to class proceedings. Authorisation and certification rates remained high, particularly in Québec, where courts authorised class actions at a markedly higher rate than in the common law provinces. This reinforces Québec’s reputation as a comparatively permissive entry point into collective litigation and explains why it remains a preferred forum for plaintiffs, including in cases with national or international dimensions.

Going forward

Looking ahead, the Canadian class action environment shows no signs of slowing down. Growth areas such as data privacy, AI‑related claims, intellectual property and digital consumer practices are likely to remain the central drivers of litigation. For international counsel, the implications are clear. Canada is no longer a peripheral jurisdiction in global class action strategy. Instead, it is an increasingly influential forum where legal developments, particularly in regard to AI and data governance, may have ripple effects beyond its borders.

While authorisation or certification serves as an initial filtering mechanism, a key question for defendants remains liability on the merits. Although many class actions ultimately fail at trial, confirming that authorisation alone is not a reliable proxy for ultimate exposure, the risk for defendants is far from theoretical. In 2025, several consumer class actions succeeded on the merits. More importantly, defending a class action through to the merits stage is costly, and the vast majority of cases settle well before trial. As a result, even claims that do not ultimately succeed can generate significant litigation expense and meaningful settlement pressure for businesses.

Businesses with Canadian operations, digital platforms accessible to Canadian consumers or AI systems trained on globally sourced data should ensure that Canadian litigation risk is fully integrated into their broader dispute and compliance strategies. As 2025 has demonstrated, Canada is not merely following global class action trends, it is actively helping to shape them.