Barry Glaspell

The Moving Parties (First Nations and Municipalities) sought to stay the implementation of a $150 million settlement between Purdue Canada and Canadian Governments, arguing it might be unlawful, prejudicial, preferential, or an abuse of process, and sought financial disclosure from Purdue Canada.

The court dismissed the motion, finding it lacked a basis to compel disclosure or stay the settlement.

The court affirmed its jurisdiction over Purdue Canada was limited to the CCAA recognition proceedings, not general supervision, and found no evidence of bad faith or insolvency to warrant the requested orders.

The plaintiff brought a proposed class action against numerous pharmaceutical manufacturers and distributors regarding the marketing and sale of opioids in Canada.

The defendants moved to strike the statement of claim for failing to disclose a reasonable cause of action, and one defendant, Pro Doc Limitée, moved to dismiss the action against it for lack of jurisdiction.

The court granted Pro Doc's jurisdiction motion, finding no real and substantial connection to Ontario.

The court struck the claims against the distributor defendants without leave to amend, finding no viable cause of action.

The court found that while there were viable causes of action against the manufacturer defendants for breach of the Competition Act, negligent misrepresentation, fraudulent misrepresentation, and failure to warn, the plaintiff's pleading was defective.

The court struck the claims against the manufacturer defendants with leave to amend to join representative plaintiffs for each defendant group and to comply with the rules of pleading.

The defendants in a proposed opioid class action moved to dismiss the proceeding for delay under s. 29.1 of the Class Proceedings Act, 1992.

In response, the plaintiff brought a cross-motion for a nunc pro tunc timetable order and commenced parallel proceedings in Manitoba.

The parties reached a settlement wherein the competing motions were dismissed without costs, the Manitoba proceedings would be discontinued, and the Ontario action would be deemed commenced on October 2, 2020, making it subject to the amended certification test under the Smarter and Stronger Justice Act, 2020.

The court approved the settlement and issued the consent orders.

The plaintiff brought a motion on consent for an order granting leave to discontinue the proposed class action without costs and without notice to putative class members.

The certification motion had previously been dismissed and the action continued as an individual action.

The court granted the motion, finding no prejudice to former proposed class members who had sufficient opportunity to bring their own claims, which were being case-managed together.

Following the dismissal of a motion to certify a class action regarding unreliable hair drug testing at the Motherisk Drug Testing Laboratory, the plaintiff brought a motion under s. 7 of the Class Proceedings Act, 1992 to continue her action and join approximately 200 co-plaintiffs.

The court held that the limitation periods for the putative class members remain suspended under s. 28 of the Act until the defendants successfully move to dismiss the proceeding without an adjudication on the merits.

The court also held that the test for joining co-plaintiffs under s. 7 is the same as the test under the Rules of Civil Procedure.

The motion to join the co-plaintiffs was dismissed without prejudice due to insufficient pleading of material facts.

The plaintiff brought a partial summary judgment motion seeking declarations regarding the construction of a floating dock and boathouse by his neighbors on a lake.

The neighbors had built the structure without municipal building permits or provincial work/occupancy permits, relying on the municipality's position that it lacked jurisdiction over Crown lands and the province's position that floating structures were exempt.

The court held that the municipality's zoning by-laws and the Building Code Act apply to private individuals constructing on Crown lands covered by water.

Furthermore, the court found that the provincial regulations under the Public Lands Act require work and occupancy permits for such structures, rejecting the government's interpretation as absurd.

Two related class actions arising from a tuberculosis exposure incident at a hospital sought court approval of a negotiated settlement and class counsel fees under the Class Proceedings Act, 1992.

The litigation followed exposure notices issued to thousands of individuals after two patients were diagnosed with tuberculosis, leading to claims of negligent failure to diagnose and prevent transmission.

After extensive discovery, expert evidence, and partial summary judgment dismissing claims of uninfected class members, the remaining infected class claims were scheduled for a common issues trial.

The parties reached a $1.7 million settlement establishing a compensation scheme based on varying likelihoods of causation.

The court held the settlement fell within a reasonable range and was in the best interests of the class, and it also approved a 30% contingency fee and honorariums for the representative plaintiffs.

The plaintiff sought certification of a proposed national class proceeding (excluding Quebec) concerning alleged premature failure of bulbs in certain model televisions, approval of a negotiated settlement under the Class Proceedings Act, 1992, and approval of class counsel fees.

The court held that the certification requirements under s. 5(1) were satisfied in the settlement context and that a class proceeding was the preferable procedure.

Applying the settlement approval framework from Dabbs v. Sun Life Assurance and related authorities, the court found the negotiated settlement fair, reasonable, and in the best interests of class members.

The settlement extended warranties and provided reimbursement for replacement bulbs subject to a claims process.

The court also approved class counsel fees as reasonable given the risks assumed and the results achieved.

The plaintiffs brought a motion to approve a $9 million class action settlement and Class Counsel's fee agreement regarding a C. difficile outbreak at the defendant hospital.

The outbreak affected approximately 223 patients, 91 of whom died.

The court reviewed the settlement terms, which allocated funds based on the duration and severity of symptoms, and considered factors such as litigation risk, the recommendation of experienced counsel, and the single remaining objection.

Finding the settlement fair, reasonable, and in the best interests of the class, the court approved the settlement and the proposed legal fees of 21.5%.

The plaintiff and defendants were neighbours involved in a property dispute over a shared walkway, a privacy screen, and a hedge located near their property line.

The plaintiff claimed ownership of these features through adverse possession, arguing her predecessors in title had exclusively possessed the area.

The court dismissed the adverse possession claim, finding the predecessors' use was cooperative and permissive, not adverse.

However, the court awarded the plaintiff $7,700 in special, general, and punitive damages for the defendants' highhanded and oppressive conduct in trespassing to remove a shared wooden fence and installing a gate that opened onto the plaintiff's property.