Caroline Humphrey

The plaintiff brought an unopposed motion to certify the proceeding as a class action under the Class Proceedings Act, 1992.

The action alleges that the defendant improperly paid trailing commissions to discount brokers out of mutual fund assets.

The court found that all certification criteria were met, relying on previous decisions in similar cases, and granted the certification order.

The plaintiffs brought a motion to certify a class action against seven discount brokers, alleging that their receipt of mutual fund trailing commissions prior to the 2022 prohibition was illegal.

The court found that the plaintiffs failed to satisfy the 'some evidence' requirement to show that the practice contravened applicable Canadian securities law.

The evidence filed by the plaintiffs themselves demonstrated that the practice, while controversial, was not illegal before the regulatory amendments took effect.

The motion for certification was dismissed.

The defendant surgeon brought a motion for summary judgment to dismiss the plaintiffs' medical malpractice action as statute-barred under the Limitations Act, 2002.

The plaintiff suffered a ureter injury following a colon resection in 2012, but only discovered severe kidney damage in 2016, prompting the 2017 lawsuit.

The court dismissed the motion, finding genuine issues requiring a trial regarding whether the kidney damage was a new, distinct injury or an inevitable progression of the ureter injury, and when a reasonable person would have known that a legal proceeding was an appropriate means to seek a remedy.

This decision resolves a carriage motion between two competing proposed class actions (the Bonnick Action and the Blackford-Hall Action) concerning alleged predatory practices in the consumer marketplace for HVAC equipment.

The court interpreted the newly enacted section 13.1 of the Class Proceedings Act, 1992, which focuses on efficiency, productivity, and proportionality.

The court granted carriage to the Bonnick Action, finding its regional scope and targeted case theory against the alleged mastermind and lender corporations to be more efficient and cost-effective than the Blackford-Hall Action's national scope and broader conspiracy claims against multiple defendants.

The plaintiffs brought a motion to certify the action as a class proceeding for settlement purposes against TD, RBC, Credit Suisse, and Deutsche Bank in a case alleging a conspiracy to fix prices in the futures exchange market.

The court found that the criteria for certification under section 5(1) of the Class Proceedings Act, 1992 were met and granted the motion, approving the settlement agreements and the plan of dissemination.

The plaintiffs in a class action regarding foreign exchange price fixing brought a motion to amend the Distribution Protocol for the $110 million settlement proceeds.

The proposed amendments included transferring unused funds from the Indirect Claims Fund to the Direct Claims Fund, setting a minimum $1,000 payout for approved Direct Claimants, and removing the requirement to consider compensation received in other jurisdictions.

The court granted the motion, finding the amendments were administrative, imposed no additional burden on the defendants, and fell within the court's broad discretion under section 12 of the Class Proceedings Act, 1992.

Class Counsel brought a motion for approval of a further instalment of fees in an ongoing competition law class action regarding alleged price-fixing in the foreign exchange market.

The plaintiffs had settled with fourteen groups of defendants and the action continued against the remaining non-settling defendants.

The court reviewed the risks undertaken, the results achieved, and the docketed time, finding the requested fees of $6,325,000, plus costs and disbursements, to be fair and reasonable.

The fee request was approved.

The plaintiffs brought a motion to certify a class action against several banks for allegedly conspiring to fix prices in the foreign exchange market.

The court found that the plaintiffs satisfied the five criteria for certification under the Class Proceedings Act, 1992, but modified the class definition to exclude indirect purchasers (investors) and direct purchasers who transacted with non-defendant banks.

The court certified the action for direct purchasers who transacted with the defendant banks.

The respondent retailers brought a motion to strike an application by an animal rights organization and its founder, who sought a declaration that the use of glue traps by members of the public violates the animal cruelty provisions of the Criminal Code and the OSPCA Act.

The court found that the applicants did not meet the threshold for public interest standing, as a declaratory application was not a reasonable and effective means to bring the issue to court when other avenues, such as private prosecutions or complaints to enforcement bodies, had not been pursued.

The motion to strike was granted in part.

The plaintiffs brought a motion for an order approving a settlement reached with the defendants Morgan Stanley and Morgan Stanley Canada Limited in a class action alleging a conspiracy to fix prices in the foreign exchange market.

The settlement requires the settling defendants to pay USD$2.3 million and provide cooperation in the ongoing prosecution against the remaining defendants.

The court found the settlement to be fair, reasonable, and in the best interests of the class, noting it was in line with previously approved settlements in the proceeding.

The settlement and the previously approved distribution protocol were approved.

The plaintiff, a golf professional, brought a medical malpractice action against the defendant orthopedic surgeon regarding an elective total wrist fusion surgery.

The plaintiff alleged that the defendant failed to obtain informed consent by not disclosing alternative, less drastic surgical options that would have preserved some wrist mobility, which was essential for his livelihood.

The court found that the defendant breached his duty of disclosure by failing to explore the plaintiff's specific needs, inadequately describing the surgery, and failing to discuss viable alternative procedures like a four-corner fusion or proximal row carpectomy.

The court concluded that both the subjective and objective tests for causation were met, as neither the plaintiff nor a reasonable person in his position would have consented to a total wrist fusion if properly informed.

The plaintiff was awarded $20,000 in general damages and $40,000 for past loss of income.