Cheryl M. Woodin

In this putative securities class action arising from alleged misconduct by the former CEO of Endeavour Mining, the plaintiffs moved for an order requiring defendants to deliver statements of defence and produce insurance information by November 21, 2025.

The defendants opposed both requests, arguing that no statement of defence is required before leave to proceed is granted under the Securities Act, and that insurance information disclosure is premature.

The court dismissed both aspects of the motion, finding that prior to OSA leave being granted, the statutory claim is a nullity and therefore no defence is required, and that insurance disclosure is premature absent settlement discussions or leave being granted.

The Court of Appeal for Ontario dismissed Shantanu Shirodkar’s appeal seeking to certify a class action against Coinbase Global, Inc. and its subsidiaries for alleged violations of securities laws.

The court upheld the motion judge’s findings that Ontario courts lacked jurisdiction over the non-Canadian Coinbase entities and that Ireland was the preferable forum for the claims, staying the action against Coinbase Canada as well.

The decision addresses the interpretation of forum selection clauses, the application of the “real and substantial connection” test, and the doctrine of forum non conveniens in the context of cross-border crypto-asset trading.

The appellants, small and mid-size businesses, appealed a class action decision regarding business interruption insurance claims stemming from the COVID-19 pandemic.

They sought coverage for revenue losses, arguing that the presence of SARS-CoV-2 or civil authority orders constituted "physical loss or damage" to their property under their insurance policies.

The Court of Appeal upheld the trial judge's finding that neither the virus's presence nor the civil authority orders met the "physical loss or damage" criteria for business interruption coverage.

The appeal was dismissed, and costs were awarded to the respondents.

This case involved a contractual dispute over a settlement agreement between pharmaceutical companies GSK and Pharmascience.

GSK claimed a stipulated payment from Pharmascience, alleging that a third-party generic manufacturer (Teva) had triggered a payment clause by entering the Canadian market.

The central issue was the interpretation of the term 'sale of its valacyclovir product in the Canadian market' within an exception clause, specifically whether it referred to ex-factory sales or downstream sales.

The court found that the term objectively meant ex-factory sales, considering the commercial context, the parties' control over sales, and the agreement's overall purpose.

Since Teva's ex-factory sales ceased within the 60-day period stipulated in the exception, the exception applied, and no payment was owed by Pharmascience.

The court dismissed GSK's action.

The defendants, Coinbase Global, Inc., Coinbase, Inc., Coinbase Europe Limited, and Coinbase Canada Inc., brought a motion to dismiss a putative class action for want of jurisdiction and, alternatively, to permanently stay the action on the basis of forum non conveniens.

The plaintiff alleged that the defendants violated Ontario securities legislation by distributing crypto assets without complying with prospectus requirements.

The court found presence-based jurisdiction only over Coinbase Canada Inc. due to its business activities in Ontario.

However, the court found no presence-based, consent-based, or assumed jurisdiction over Coinbase Europe, Coinbase Inc., or Coinbase Global.

Consequently, the action against Coinbase Europe, Coinbase Inc., and Coinbase Global was dismissed.

The court then considered forum non conveniens for Coinbase Canada Inc., concluding that Ireland was a clearly more appropriate forum given that the plaintiff's claims arose from transactions with Coinbase Europe, which was domiciled in Ireland, and the lack of a class action framework in Ireland was not a decisive juridical disadvantage.

The action against Coinbase Canada Inc. was permanently stayed.

In a securities class action, the plaintiff sought multiple orders in advance of a settlement approval motion.

The plaintiff requested leave to proceed against Tetra Tech, Inc. under the Securities Act, leave to discontinue common law negligence and negligent misrepresentation claims against Tetra Tech, and certification of the action as a class proceeding against Tetra Tech for settlement purposes.

Additionally, the plaintiff sought approval to discontinue the action against the Underwriter Defendants based on a Standstill and Tolling Agreement.

The court granted all requested orders, finding that the criteria for leave and certification were met and that the discontinuance against the Underwriter Defendants would not prejudice the class.

This is a motion to discontinue a proposed class action concerning automobile airbags that had been recalled.

The action, which had not been certified, sought compensation for pure economic loss.

Due to developments in case law, particularly the Supreme Court of Canada's clarification on pure economic loss for defective products, the litigation risk increased, and the prospects for certification and substantial economic recovery diminished.

Class Counsel sought leave to discontinue the action with prejudice and without costs.

The court granted the motion, finding that the action was commenced for a proper purpose, the test for discontinuance was satisfied, and putative class members were not prejudiced, as limitation periods remained suspended.

The plaintiffs brought a proposed class action against General Motors, Bosch, and a GM dealer, alleging that certain diesel vehicles contained 'defeat devices' designed to cheat emissions tests.

The plaintiffs sought certification of the class action, while the defendants moved to strike the statement of claim for failing to disclose a reasonable cause of action.

The court dismissed the certification motion and struck the statement of claim without leave to amend, finding that because the regulator (the EPA) had not taken any action and the vehicles had valid Certificates of Conformity, there was no basis in fact for the alleged regulatory breach, misrepresentation, or compensable harm.

The plaintiff sought to certify a class action on behalf of pre-disclosure owners and lessees of Volkswagen and Audi diesel vehicles containing 'defeat devices'.

The plaintiff alleged they paid a premium for a 'clean diesel' feature they did not receive.

The court dismissed the motion for certification, finding that the plaintiff failed to provide any evidence of a compensable loss or a plausible methodology to measure the alleged loss on a class-wide basis, as required under section 5(1) of the Class Proceedings Act.

The defendants in two related class actions brought a motion seeking production of Class Counsel's detailed time and fee records (Fee Details) in advance of a scheduled fee approval motion.

Class Counsel sought a multiplier of approximately three on its docketed time, totaling nearly $5 million in fees.

The court granted the motion, finding that the Fee Details were necessary for the defendants and the court to assess whether the requested fees were fair and reasonable, particularly given Class Counsel's assertions that there was no duplication of work among the national consortium of law firms.

This appeal concerned proposed class actions against auto insurers for improperly deducting HST from statutory accident benefits (SABs) and against the Financial Services Commission of Ontario (FSCO) for alleged regulatory failures.

The motion judge had dismissed claims against insurers due to the exclusive jurisdiction of the Licence Appeal Tribunal (LAT) under s. 280 of the Insurance Act, but allowed claims against FSCO to proceed.

The Court of Appeal upheld this decision, confirming the LAT's exclusive jurisdiction over SAB disputes and affirming the court's jurisdiction over tort claims against the regulator.

The court also refused leave to appeal the motion judge's costs order, finding it within his discretion.

Following a jurisdiction motion where the defendant insurers successfully argued that the court lacked jurisdiction over the proposed class actions, the insurers sought costs of approximately $620,000.

The court found this request preposterous and excessive, fixing costs payable by the plaintiffs to the 13 non-settling insurers at $28,000 on a partial indemnity basis.

The costs payable by the government regulator to the plaintiffs were settled at $12,500.

The plaintiffs filed proposed class actions against 15 auto insurers and the provincial regulator, FSCO, alleging improper deduction of HST from statutory accident benefits.

The defendant insurers brought motions to dismiss the actions for lack of jurisdiction, arguing the Licence Appeal Tribunal (LAT) has exclusive jurisdiction over such disputes.

The court agreed, dismissing the actions against the insurers and refusing to approve two early settlements, as the claims fell squarely within the LAT's exclusive jurisdiction under s. 280 of the Insurance Act.

However, the court found it had jurisdiction to hear the claims against FSCO for regulatory negligence, as those allegations did not directly concern benefit entitlements or amounts.

In a class action, the Plaintiffs sought pre-discovery production of three million documents from Volkswagen Group Canada, Inc. et al. (VW), a non-party to the main action.

The motion was dismissed, and VW, as the successful party, sought partial indemnity costs of $29,487.29.

The Plaintiffs argued for a costs award of $5,000, contending the motion was straightforward.

The court considered the factors under Rule 57.01(1) of the Rules of Civil Procedure, including the importance and complexity of the motion, the reasonable expectations of the unsuccessful litigant, and the conduct of the parties.

While acknowledging the motion's importance to both sides, the court found some evidence of "over-lawyering" by VW.

Applying the discretionary principles for costs awards, the court adjusted the amount and awarded VW $22,000, all inclusive.

The Plaintiffs in a class action against Robert Bosch GmbH sought pre-discovery production of three million documents from Volkswagen Group (VW), a non-party.

The Plaintiffs had previously settled a separate class action against VW, where these documents were produced under a protective order and deemed undertaking.

The court dismissed the Plaintiffs' motion, finding it premature and that the Plaintiffs failed to meet the high threshold for non-party production under Rule 30.10(1) of the Rules of Civil Procedure.

The court noted that Class Counsel had likely breached the deemed undertaking and protective order by seeking to use the documents in the Bosch action without prior consent or a court order.

The court determined the costs award following the dismissal of a securities class action against the defendant on jurisdiction and forum non conveniens grounds.

The successful defendant sought $696,393 in partial indemnity costs for both the jurisdiction and certification motions, while the plaintiff proposed $75,000 at most.

The court adjusted the defendant's request, particularly by removing expert fees for "efficient market" analysis deemed unnecessary.

Considering the timing of the jurisdiction motion and the impact of a prior analogous decision (Yip v HSBC Holdings) which simplified the legal analysis, the court fixed costs at $260,000, payable by the plaintiff to the defendant, emphasizing fairness and reasonableness to the losing party under Rule 57.01(1).

The plaintiff, George Leon, brought a proposed class action in Ontario against Volkswagen AG for fraudulent misrepresentation related to the purchase of VWAG American Depositary Receipts (ADRs) and common shares on foreign exchanges.

Volkswagen AG moved to dismiss the action for lack of jurisdiction or, alternatively, to stay it on the grounds of forum non conveniens.

The court dismissed the action, finding no real and substantial connection to Ontario, as VWAG did not carry on business in Ontario and the tort of fraudulent misrepresentation was not committed there.

The court also found that the U.S. (for ADRs) and Germany (for common shares) were clearly more appropriate forums, emphasizing the principle of international comity in cross-border securities litigation and giving little weight to the plaintiff's asserted juridical advantages in Ontario.

The court approved the $31.2 million in legal fees, disbursements, and taxes agreed upon by class counsel and the defendants (Volkswagen Group Canada Inc. et al.) following the $2.1 billion "dieselgate" class action settlement.

The fees were deemed reasonable and separate from the class members' recovery, ensuring the settlement remained generous and in the best interests of the class.

The court approved a $2.1 billion class action settlement for Canadian owners and lessees of VW 2.0-litre diesel vehicles affected by the "defeat device" fraud.

The settlement provides cash payments and options for vehicle buyback or emissions modification, with the buyback option generally offering a larger recovery.

The court found the settlement fair, reasonable, and in the best interests of the class, exceeding what members would likely recover under provincial consumer protection legislation or tort law.

The plaintiffs brought a motion to certify a proposed class action for settlement purposes regarding Volkswagen's installation of a 'defeat device' in certain diesel vehicles.

The court found that the requirements under s. 5(1) of the Class Proceedings Act were met, including an identifiable class and common issues.

The court also determined it had jurisdiction to certify a national class, noting the efficiency and comity of doing so.

The motion for certification, along with the approval of an unprecedentedly comprehensive notice plan, was granted.