Celeste B. Poltak

The Court addressed three securities class action appeals on whether limitation periods for statutory secondary-market misrepresentation claims are suspended before leave is granted, and on related nunc pro tunc, special circumstances, leave-threshold, and certification issues.

The CIBC and IMAX appeals were dismissed, while the Celestica appeal was allowed.

Following the plaintiff's successful appeal to certify an environmental claim as a class proceeding, the court determined the appropriate costs awards for the certification motion, the Divisional Court appeal, and the Court of Appeal.

The court held that the plaintiff was entitled to costs for all stages, imputing success at the certification motion stage despite the plaintiff having substantially narrowed the claim on appeal.

Recognizing the public interest nature of the environmental class action under s. 31(1) of the Class Proceedings Act, the court awarded the plaintiff $90,000 for the motion, $65,000 for the Divisional Court appeal, and $50,000 for the Court of Appeal.

The appellant sought to certify a class proceeding against the respondent for environmental contamination caused by a nickel refinery in Port Colborne.

The motion judge and Divisional Court dismissed the certification motion.

On appeal, the Court of Appeal allowed the appeal and certified the action.

The Court found that the appellant's narrowed claim for property devaluation met all certification requirements under the Class Proceedings Act, 1992, including identifiable class, common issues, preferable procedure, and representative plaintiff.

The appellant sought to certify a class proceeding against Inco Limited for environmental contamination in Port Colborne, alleging that nickel oxide emissions caused a decline in property values following a 2000 Ministry of the Environment announcement.

The motion judge and Divisional Court refused certification, finding the class arbitrary and individual issues overwhelming.

The Court of Appeal allowed the appeal and certified the action, holding that the narrowed claim focusing solely on property devaluation met all certification requirements under the Class Proceedings Act, including identifiable class, common issues, preferable procedure, and suitable representative plaintiff.