Caroline Jones

A class member challenged a court-approved Distribution Protocol in a class action settlement, alleging it contravened the Ontario Human Rights Code by requiring family members to pool their claims for minimum compensation, thereby discriminating on the basis of family and marital status.

The court held that the Human Rights Code does not apply to court orders or distribution schemes under the Class Proceedings Act.

Furthermore, even if the Code applied, the pooling requirement did not constitute discrimination, as it was a justified mechanism to encourage claims while preventing windfall overcompensation.

In a class action regarding price-fixing of DRAM devices, a settlement and distribution protocol were approved by the courts.

A class member subsequently alleged that the distribution protocol contravened the Ontario Human Rights Code by requiring family members residing in the same household to pool their claims, which allegedly discriminated based on family and marital status.

The court held a motion for directions to determine the issue.

The court ruled that the Human Rights Code does not apply to court orders, including a court-approved distribution protocol, as they are not 'services' under the Code.

Furthermore, even if the Code applied, the pooling requirement did not constitute prima facie discrimination, and any disadvantage was justified to prevent windfall compensation and encourage claims.