Andrea R. Laing

The plaintiff, Peter Ross, brought an unopposed motion to certify a class proceeding against RBC Global Asset Management Inc. and RBC Investor Services Trust.

The action alleges that the defendants breached trust, fiduciary, and contractual duties by paying excessive trailing commissions to discount brokers from mutual fund assets.

The court granted certification, finding all five criteria under section 5(1) of the Class Proceedings Act, 1992, were met, including the disclosure of a cause of action, an identifiable class, common issues, preferable procedure, and a suitable representative plaintiff with a workable plan.

The plaintiff sought certification of a class proceeding against the defendant bank, alleging the improper charging of duplicative non-sufficient funds (NSF) fees on re-presented pre-authorized debit transactions.

The defendant consented to the certification.

The court, applying the five criteria under section 5(1) of the Class Proceedings Act, 1992, found that the pleadings disclosed a cause of action, there was an identifiable class, common issues were raised, a class proceeding was the preferable procedure, and the representative plaintiff was adequate.

Consequently, the action was certified as a class proceeding.

The Superior Court of Justice approved identical third-party funding agreements in four related class actions against major Canadian banks.

The actions allege that the banks charged duplicative non-sufficient funds fees on single dishonoured pre-authorized debits.

The court, applying Section 33.1 of the Class Proceedings Act, 1992, found the agreements to be fair and reasonable, noting the staged success fee was comparable to or more advantageous than the Class Proceedings Fund levy.

The court confirmed the agreements preserved plaintiff control over litigation, ensured the funder's financial capacity for adverse costs, and included appropriate confidentiality and deemed undertaking provisions.

The defendants took no position on the motions.

This endorsement addresses the sequencing of motions in a series of related class actions.

The 2018 plaintiffs sought a temporary stay of the 2022 actions.

The defendants proposed hearing the stay motion concurrently with their summary judgment motions, citing limitation period defenses.

The 2022 plaintiffs argued for their certification motion to proceed if the stay was delayed.

The court, acting as case management judge, directed that the motion to stay be heard first, finding no significant efficiencies in combining it with the summary judgment motions and stating that certification motions should only proceed after summary judgment motions are determined.

The plaintiffs in two putative class actions sought leave to discontinue one action entirely and partially discontinue the second against all but one defendant group.

This procedural step aimed to streamline the proceedings by converting omnibus actions into separate class proceedings against distinct defendant groups.

The defendants did not oppose the requests.

The court granted leave for both discontinuances, recognizing the efficiency gains.

This appeal concerns the interpretation of primary and excess directors' liability insurance policies, specifically regarding the availability and premium calculation of an Optional Extension Period (OEP) coverage.

The appellant, Assicurazioni Generali S.p.A. (excess insurer), argued that its Excess Policy did not include an OEP option or, alternatively, that the premium should be US$1.5 million.

The respondent, Cronos Group Inc. (insured), contended the OEP was incorporated via a "follow form" clause and the premium should be twice the basic premium of the Excess Policy, consistent with the primary policy's ratio.

The Court of Appeal dismissed the appeal, affirming the application judge's finding that the Excess Policy included the OEP option and that its premium was twice the basic premium, based on a holistic interpretation of the policies and commercial reasonableness.

The applicant, Cronos Group Inc., sought a declaration that it had a contractual right to exercise an Optional Extension Period (OEP) under its Excess Directors’ and Officers’ Liability Policy issued by the respondent, Assicurazioni Generali S.P.A., and that it successfully exercised this right.

The respondent denied coverage, arguing the OEP was not incorporated into the Excess Policy and the premium paid was insufficient.

The court found that the OEP was incorporated into the Excess Policy by reference to the Primary Policy, as it was not explicitly excluded.

The court also determined that the applicant's calculation and payment of the OEP premium, based on twice the original policy premium, was commercially reasonable and consistent with prior representations.

The application was granted, declaring the OEP right enforceable and the premium calculation valid.

The plaintiffs, trustees of a pension fund, commenced a class action in Ontario and a similar one in Federal Court.

Settlements were reached with some defendants in the Federal Court action.

The plaintiffs sought court approval to discontinue the Ontario action, with prejudice and without costs, in favour of the Federal Court proceedings.

The court granted the motion, finding no prejudice to putative class members as their claims would continue in the Federal Court, and that discontinuing the Ontario action would avoid a multiplicity of proceedings.

This class action involved two motions: approval of three settlements totaling $39.2 million in an FX market price-fixing conspiracy case, and approval of Class Counsel's fees and disbursements.

The court approved the settlements, finding them fair and reasonable given the litigation risks and the stage of the proceedings.

However, the court partially denied Class Counsel's request for $9.8 million in fees, approving only an additional $2 million, citing that the achieved recovery (5 cents on the dollar against a potential $1 billion loss) was respectable but not "very good," and that the claimed litigation risks were somewhat exaggerated given prior regulatory findings and U.S. settlements.

The court emphasized the need for diligence in approving contingency fees in settlements to ensure they are provident for class members, not just counsel.

The defendants brought a motion to quash the plaintiff's motion for certification of a common law misrepresentation claim, arguing that the court was functus officio, the motion was res judicata, or it constituted an abuse of process.

The court granted the defendants' motion, finding that the preferability of a stand-alone common law misrepresentation claim had already been determined and rejected in a prior certification decision.

This prior determination, which was not appealed, barred re-litigation of the issue under the doctrines of issue estoppel or abuse of process.

However, the court allowed the plaintiff to bring a motion under s. 7 of the Class Proceedings Act, 1992, to continue the action as an opt-in joinder proceeding for class members with significant claims.