Alex Fidler-Wener

The parties to a putative class action agreed to discontinue the action with prejudice, as similar claims were being pursued in a proposed class proceeding in British Columbia.

The court approved the discontinuance pursuant to s. 29(1) of the Class Proceedings Act, 1992, and dispensed with the requirement to give notice to the class, noting the early stage of the proceeding and the continuation of the claims in British Columbia.

This class action motion sought approval of a proposed settlement and class counsel fees concerning denied travel insurance claims by TD Home and Auto Insurance Company during the early COVID-19 pandemic, specifically regarding denials based on the availability of non-monetary compensation (credits/vouchers).

The parties reached a settlement of $5.1 million, with $4.8 million available for class members.

The settlement provides $100 for cash-refunded claims and at least 40% of the value for non-cash-refunded claims, allowing class members to retain travel credits.

The court found the settlement fair, reasonable, and in the best interest of the class, noting the risks of litigation and the absence of objections.

Class counsel's request for fees, based on a 21.5% contingency rate (reduced to 17% for the class after defendant's contribution), was also approved as fair and reasonable, proportionate to the settlement size, and reflecting the work and risks undertaken.

The plaintiff brought a class action alleging that the defendant insurer wrongfully deprived insureds of trip cancellation benefits by offering non-monetary compensation such as credits or vouchers.

On consent, the court certified a single threshold common issue regarding the interpretation of the travel insurance policy and dismissed the claim against the parent bank.

The court found that certifying a single threshold common issue, with the possibility of further common issues later, was an efficient procedure akin to a Rule 21 motion.

At a case conference in a proposed class action regarding denied trip cancellation benefits due to COVID-19, the court determined the sequencing of a proposed Rule 21 motion by the defendant bank and the plaintiff's certification motion.

The court held that hearing the Rule 21 motion prior to certification would not substantially narrow the issues, as the substantive claims against the co-defendant insurer would remain identical.

Exercising its discretion under section 12 of the Class Proceedings Act, the court ordered the Rule 21 motion to be heard at the same time as the certification motion.

The appellant, a disbarred lawyer whose licence was revoked on December 10, 2014, appealed two orders that permanently enjoined him from advertising, holding himself out, and practising as a lawyer in Ontario.

The appellant challenged the fairness of the proceedings and claimed various bases for his right to practise law.

The Court of Appeal upheld the permanent injunctions, finding that the appellant had clearly breached section 26.1 of the Law Society Act by continuing to hold himself out as a lawyer and offer legal services after his disbarment.

The court rejected all of the appellant's arguments regarding procedural fairness and his claimed rights to practise law.

The Law Society of Ontario (LSO) sought a statutory injunction to restrain the respondent, whose license had been revoked, from practicing law and providing legal services without a license.

The respondent argued that the LSO lacked authority to revoke his license, that immigration law practice was outside LSO's jurisdiction, that his activities fell under regulated professions or in-house counsel exceptions, and that he was authorized to commission affidavits or act through corporate vehicles.

The court dismissed all of the respondent's arguments, finding that he was indeed practicing law without a license and that his corporate entities were merely fronts for his unlicensed activities.

A permanent injunction was granted, and costs were awarded to the LSO.

The plaintiffs brought a motion seeking a declaration of oppression and the appointment of an inspector under ss. 161 and 248 of the OBCA to investigate the defendants' companies involved in two condominium development projects.

The court dismissed the motion, finding that the plaintiffs lacked standing under s. 161 as they were not beneficial shareholders, and failed to establish a prima facie case of oppression under s. 248.

The court also held that appointing an inspector was inappropriate as the costs would significantly outweigh the benefits, and the plaintiffs already had access to extensive financial information.

The moving party and respondent entered into a joint venture to develop condominiums.

After the moving party's family assets were frozen, he transferred his shares in the project companies to the respondent to allow the respondent to secure financing, executing a document styled as a 'trust agreement'.

The moving party later brought a motion seeking the return of the shares, arguing the agreement created a bare trust that could be collapsed under the rule in Saunders v. Vautier.

The court dismissed the motion, finding the document was a contractual agreement rather than a trust, and that the rule in Saunders v. Vautier would not apply regardless because the moving party did not have absolute beneficial ownership of the shares.

The plaintiffs brought a motion for partial summary judgment seeking a declaration that the defendant law firm, Aylesworth LLP, was vicariously liable for the alleged professional negligence of a solicitor, Welsh.

Welsh had a 'counsel' relationship with Aylesworth but operated his own independent practice in Oakville, through which he provided legal services to the plaintiffs regarding a fraudulent investment scheme.

The court dismissed the motion, finding no genuine issue requiring a trial.

The court held that Aylesworth was not vicariously liable because it did not materially enhance the risk of wrongdoing, had no knowledge or control over Welsh's independent files, and did not hold Welsh out as its agent to the plaintiffs.