Cheryl M. Woodin

The appellants brought a proposed class action against a washing machine manufacturer, alleging that its front-loading machines were defectively designed and prone to developing mould and unpleasant odours.

They sought damages for pure economic loss, asserting claims for breach of express and implied warranties, breach of the Competition Act, negligence, and waiver of tort.

The Court of Appeal upheld the motion judge's decision to dismiss the certification motion, finding that none of the claims disclosed a reasonable cause of action.

Notably, the court held that policy considerations negate recognizing a duty of care in tort for pure economic loss arising from a defective, non-dangerous consumer product.

Following the dismissal of a motion to certify a class proceeding related to policing during the G20 Summit, the court determined the costs payable to a successful defendant.

The plaintiff argued that no costs should be ordered because the case raised novel legal issues and matters of public interest.

The court held that although the action involved issues of public interest, the certification motion was seriously flawed and the novelty argument was unfounded.

Applying the governing principles for class proceeding costs and considering comparable certification cost awards, the court concluded that a reduced costs award was appropriate.

Costs were fixed at $200,000 in fees plus disbursements and applicable taxes, payable by the plaintiff and indemnified by the Class Proceedings Fund.

The plaintiff sought to certify a class action against multiple police services and government entities regarding mass arrests and detentions during the 2010 G20 Summit in Toronto.

The court dismissed the certification motion, finding that while some causes of action (like false imprisonment and battery) were properly pleaded against the Toronto Police Services Board, the claims against other defendants failed.

Crucially, the plaintiff failed to satisfy the identifiable class, common issues, and preferable procedure requirements of the Class Proceedings Act due to the highly variable individual conduct of protesters and the impermissible use of subclasses.

The plaintiffs brought a motion to certify a product liability class action against Whirlpool for pure economic losses related to allegedly negligently designed front-loading washing machines that were prone to biofilm buildup.

The court dismissed the certification motion, finding it plain and obvious that the plaintiffs had no tenable cause of action in contract, breach of statute, negligence, or waiver of tort.

Specifically, the court held that there is no recovery in negligence for pure economic losses for a shoddy but non-dangerous consumer product.

The plaintiffs, the estate and family of a man fatally shot by police, brought actions for misfeasance in a public office and negligence against the involved officers, the Chief of Police, the Police Services Board, and the Province.

The claims arose from the officers' alleged failure to cooperate with the Special Investigations Unit (SIU) investigation.

The defendants moved to strike the claims for disclosing no reasonable cause of action.

The Supreme Court of Canada held that the actions for misfeasance in a public office against the officers and the Chief, and the negligence action against the Chief, could proceed, as it was not plain and obvious they would fail.

However, the negligence actions against the Board and the Province were struck out because they did not owe a private law duty of care to the plaintiffs to ensure officers cooperated with the SIU.

Following an appeal where success was divided, the court issued an endorsement on costs.

The court ordered that no costs of the appeal be awarded to either party.

Furthermore, the court declined to clarify its reasons, directing the parties to settle the order in accordance with Rule 59.04 of the Rules of Civil Procedure.

The appellant, Meditrust Healthcare Inc., operated a national mail-order pharmacy business through subsidiaries to comply with provincial regulations.

Meditrust sued the respondents for various economic torts, alleging a conspiracy to destroy its business.

The motions judge granted partial summary judgment dismissing most claims, holding that under the rule in Foss v. Harbottle, Meditrust could not sue for damages that were derivative of those suffered by its subsidiaries.

On appeal, the Court of Appeal upheld the motions judge's decision on all grounds except for Meditrust's claim for loss of goodwill, finding that damage to reputation could constitute a direct, personal loss to the shareholder.

Following the release of the court's reasons for judgment, the parties made written submissions regarding costs.

The Court of Appeal awarded the successful defendants, Woodhouse, Gerrits, and Ontario, their costs of the motion before the lower court and their motions for leave to appeal to the Divisional Court, in addition to their costs of the appeal.

The plaintiffs and the remaining defendants agreed that no costs would be awarded among them due to divided success.

Appeals from rule 21 motions in an action arising from a fatal police shooting and the subsequent SIU investigation.

The majority held that the tort of misfeasance in public office requires abuse of statutory or administrative power, and that an alleged failure by police officers to co-operate with an SIU investigation under s. 113(9) of the Police Services Act was a breach of duty, not an abuse of power.

The majority struck the misfeasance claim against the officers and the negligent supervision claim against Ontario, but allowed the negligent supervision claim against the police chief to proceed.

The majority also held the Board could not be liable for negligent supervision because the Act confined it to policy functions and precluded operational direction.

A dissent would have permitted the misfeasance and broader negligent supervision claims to proceed.