3 total
Class action settlement for former Crown wards rejected as unfair and inadequate compensation for abuse.
The representative plaintiffs moved for approval of a $10 million settlement in a class proceeding against the Crown regarding its alleged systemic negligence and breach of fiduciary duty toward former Crown wards.
The class alleged the Crown failed to pursue compensation for abuse they suffered.
Sixty former Crown wards objected to the settlement, arguing the compensation was inadequate and failed to address the actual harms suffered.
The court dismissed the motion, finding the settlement was not fair, reasonable, or in the best interests of the class, as it effectively abandoned the major claims for compensation and provided only minimal recovery after legal fees and administration costs.
Asset sale and assignment of executory contracts approved under s. 11.3 of the CCAA.
The applicant, Dundee Oil & Gas Limited, sought approval for the sale of substantially all its assets and the assignment of associated executory contracts under s. 11.3 of the CCAA.
The court initially adjourned the matter to require further evidence regarding the purchaser's financial stability and ability to manage environmental remediation obligations.
After reviewing supplementary evidence, including cash flow forecasts and the purchaser's operational plans, the court was satisfied that the purchaser would be able to perform the obligations.
The court approved the transaction and the assignment of the contracts.
Board directs partial production of documents on summons duces tecum based on arguable relevance.
In a grievance arbitration concerning the termination of a crane operator for an alleged failure to follow safe operating procedures resulting in a crane upset, both parties issued summonses duces tecum demanding the production of various documents.
The respondents objected to producing records for all cranes across the province, arguing it was an improper discovery attempt.
The Board applied the test that documents sought via a summons need only be 'arguably relevant' to the issues.
The Board directed the respondents to produce specific reports, log books, and policies related to the incident and the specific crane involved, but declined to order province-wide records or the union's training records at this preliminary stage, finding them overly broad or not yet demonstrably relevant.
