Chantelle T. Spagnola

The Toronto Star and Kevin Donovan sought to unseal the estate files of Barry and Honey Sherman, who were murdered.

The estates, represented by their trustees, opposed this, citing privacy, dignity, and safety concerns for the victims' survivors due to the ongoing murder investigation and lack of known motive/perpetrator.

The court balanced the open court principle against these interests, finding that the respondents' privacy and security concerns outweighed the public interest in further disclosure of administrative estate details.

The court ordered the files sealed for an initial period of two years, with the possibility of renewal.

The plaintiffs sought judicial approval of two settlement agreements in class actions alleging price-fixing in the automotive parts industry.

The first settlement with T.Rad was for $1,167,452, and the second with S-Y Systems was for $50,000.

The court found both settlements to be fair, reasonable, and in the best interests of the class, noting they fell within a zone of reasonableness.

The settlements and requested legal fees were approved.

Martin Gerard, as plaintiff in a class action against Detour Gold Corporation and Gerald Panneton, moved for court approval of a settlement agreement, a distribution plan, class counsel fees of $1,620,000 plus disbursements and taxes, and honoraria for the representative plaintiffs.

The court, having previously certified the class action for settlement purposes, found the $6 million settlement and distribution plan to be fair, reasonable, and in the best interests of the class, considering factors such as the likelihood of success, the arm's-length negotiations, and the absence of objections.

The court also approved the requested class counsel fees and honoraria for the representative plaintiffs, Martin Gerard and Terry Wright, acknowledging their significant efforts.

Martin Gerard brought a proposed class action against Detour Gold Corporation and Gerald Panneton alleging misrepresentations in public disclosures regarding gold production guidance, cash cost projections, and operating covenants.

The parties reached a settlement, and Mr. Gerard sought certification of the action as a class proceeding for settlement purposes and incidental relief.

The court granted the motion, finding all criteria for certification under the Class Proceedings Act, 1992, were satisfied, and approved the proposed common issues for settlement purposes.

The plaintiffs brought a motion to approve class action settlements with the Sumitomo and GS Electech defendants regarding alleged price-fixing of automotive wire harness systems, electronic control units, and heating control panels.

The court found the settlements, totaling $11 million for Sumitomo and $120,000 for GS Electech, to be fair, reasonable, and in the best interests of the class, noting they fell within a zone of reasonableness compared to U.S. settlements and potential damages.

The court also approved class counsel's 25% contingency fee and disbursements.

The plaintiffs in a securities class action brought a refusals motion seeking production of draft reports, correspondence, and invoices from the defendants' expert witness.

The expert had retained his own independent legal counsel to assist in researching and drafting his affidavit.

The court dismissed the motion, holding that the expert's consultation with his own independent counsel did not compromise his independence or impartiality.

Applying the principles from Moore v. Getahun, the court found that absent a factual foundation showing improper influence, the draft reports and communications were protected by litigation privilege.

The plaintiff, Husky, brought an action against its founder, Robert Schad, his new company Athena, and others, alleging misuse of confidential information relating to injection molding machines.

Husky claimed that Athena accessed confidential information from Husky machines placed at a third-party facility (Niigon) and used it to develop competing machines.

The defendants argued the claims were statute-barred, that most issues were settled during prior negotiations, and that no confidential information was misused.

The court dismissed Husky's claims, finding they were statute-barred as Husky knew of the material facts more than two years before commencing the action.

The court also found that the commercially available machines were not confidential, and that Athena did not make material use of any confidential information from the prototype machines.

Athena's counterclaim for abuse of process and injurious falsehood was also dismissed for lack of evidence.

The plaintiffs in a certified securities class action sought judicial approval of a $17 million settlement and class counsel's legal fees of approximately $4.1 million.

The court expressed concern over the use of boiler-plate affidavits in settlement approvals and required class counsel to provide supplementary evidence demonstrating that the settlement amount fell within a zone of reasonableness.

After reviewing the additional information regarding litigation risks and damages ranges, the court found the settlement to be in the best interests of the class and approved both the settlement and the requested legal fees.