The moving parties, who were granted carriage of the Ontario Volkswagen class action, brought a motion alleging that the responding law firm breached the carriage order by sending a misleading email soliciting putative Ontario class members.
The responding firm agreed to send a court-approved clarifying email and not to execute any retainer agreements received from Ontario residents.
The court awarded the moving parties $40,000 in costs on a substantial indemnity basis due to the responding firm's reprehensible conduct in breaching the court order.
