Allison A. Thornton

The defendant sought leave to appeal a decision certifying the plaintiffs as representative plaintiffs in a class action.

The motion for leave to appeal was denied with costs to the plaintiffs.

The plaintiffs sought costs of $35,280.51, while the defendant argued for $5,000.

The court found the plaintiffs' claim excessive but the defendant's proposal insufficient, considering the $11 to $16 million at issue, the historical context of the pension surplus, and the complexity of the issues.

Costs were fixed at $15,000 inclusive.

The appellant appealed an order finding he failed to disclose material evidence in his application for an order to continue under Rule 11.02.

The Court of Appeal found no error, noting the undisclosed security agreement provided that there was no transfer of assets until the transferor was paid and the benefits of the action remained with the transferor.

The appeal was dismissed, with the court noting the motion judge left it open for the appellant to reapply with proper material.

The Ontario Human Rights Commission appealed a Board of Inquiry decision dismissing complaints against Ford Motor Company and a union alleging constructive discrimination based on religion.

The complainants, adherents of the Worldwide Church of God, sought to be excused from Friday night shifts to observe the Sabbath.

The Board found that accommodating the complainants would cause undue hardship to Ford due to high absenteeism, quality, and safety concerns, and to the union due to significant interference with the seniority rights of other workers.

The Divisional Court dismissed the appeal, finding the Board's decision reasonable and supported by the evidence.

The appellants, including a golf course developer and the Royal Bank, appealed a trial judgment finding them liable to a class of 169 club-member investors.

The investors had provided letters of credit to secure memberships, which were drawn down by the developer and applied to a Royal Bank construction loan before the contractual conditions for draw down were met.

The Court of Appeal upheld the trial judge's findings that the developer breached its contract and fiduciary duties by drawing on the funds prematurely.

The Court also upheld the finding that the Royal Bank was liable for knowing receipt of trust funds, as it was unjustly enriched and failed to make adequate inquiries despite knowing the conditions for draw down were unmet.

The appeal was dismissed, and the awards for restitution, punitive damages, and compound interest were affirmed.

The appellant municipalities appealed a decision quashing a by-law passed by the upper-tier municipality to assume police services.

The by-law required a triple majority approval under the Municipal Act to come into force.

Although a majority of local municipalities consented, their consents were conditional on a specific cost allocation method.

The Court of Appeal held that these conditional consents did not satisfy the statutory requirement.

Therefore, the by-law never came into force and was validly repealed by the upper-tier municipality.

The appeal was dismissed.