Alexandra Sandel Clark

The appellant appealed an order dismissing his action and striking his amended statement of claim.

The motion judge had concluded that the action was outside the Superior Court's jurisdiction and that the statement of claim disclosed no reasonable cause of action.

The Court of Appeal upheld the dismissal, agreeing that the Divisional Court had exclusive jurisdiction to hear the issues raised, as the action fundamentally concerned the enforcement of statutory powers subject to judicial review, not a matter for the Superior Court.

This decision addresses two class actions, Francis v. Ontario and Chandra v. Ontario, concerning administrative segregation of inmates in Ontario correctional facilities.

The court heard motions for approval of a settlement in Chandra and a comprehensive claims protocol (Francis/Chandra Protocol) for both actions.

The Protocol establishes a three-track claims program for distributing aggregate damages and assessing individual claims.

The court granted both motions, finding the settlement and protocol fair, reasonable, and in the best interests of the class members, commending counsel for their diligent and exemplary work in pursuing access to justice.

This endorsement concerns the approval of a class action settlement and class counsel fees in two consolidated proceedings (Johnson et al. v. Ontario and Sabourin v. Ontario) alleging deplorable conditions at the Elgin-Middlesex Detention Centre.

The court approved a settlement of $32,795,400 and class counsel fees of $9,388,207.92, finding the settlement to be fair, reasonable, and in the best interests of the class, given the significant litigation risks, the protracted nature of the actions, and the desire for a certain outcome for the thousands of affected class members.

The contingency fee agreements and the requested fees were also deemed fair and reasonable.

This was a consent motion for certification for settlement purposes in a class action.

The plaintiff, Adrian Chandra, sued the Ontario provincial government for negligence and breaches of sections 7 and 12 of the Charter regarding the operation and management of provincial correctional institutions from September 18, 2018, to August 18, 2021, specifically concerning administrative segregation (solitary confinement).

This action effectively continued the class period from a previous case, Francis v. Ontario.

A settlement agreement was reached, adding an additional $13 million in aggregate damages for class members and establishing a protocol for distribution and individual issue resolution.

The court found that all criteria for certification under s. 5(1) of the Class Proceedings Act, 1992, were satisfied and granted the motion.

The plaintiff, Conrey Francis, was successful on a summary judgment motion in a certified class action against Her Majesty the Queen in Right of Ontario.

This decision concerns the costs endorsement following that motion.

Francis sought a partial indemnity award of $782,629.10 (inclusive of taxes) for fees and disbursements.

The Crown argued for a reduction, proposing $617,394.92 (exclusive of taxes).

The court agreed to a deduction of $28,493.78 for disbursements and some, but not all, of the Crown's arguments for fee reduction.

Applying the principle of reasonableness and the factors under Rule 57.01, the court awarded Francis $720,000, all inclusive.