Christine Sesek

The applicant was injured in a motor vehicle accident and sought various medical and rehabilitation benefits under the Statutory Accident Benefits Schedule, which were denied by the respondent insurer.

The Licence Appeal Tribunal reviewed numerous treatment plans for physical therapy, occupational therapy, psychological assessments, gym memberships, and medical marijuana.

The Tribunal found that the applicant established entitlement to massage therapy, a gym membership with Pilates and mindfulness classes, and medical marijuana, as these were shown to be reasonable and necessary for pain management and maintaining activities of daily living.

The remaining claims and the request for a special award under Regulation 664 were dismissed.

The plaintiffs in a class proceeding sought approval of the long-form and short-form notices to be distributed to affected class members following a previously approved settlement.

The court approved the notices, finding them to be in plain language and clear regarding participation and opt-out procedures.

The court also permitted the notices to be distributed in English only, as the defendant only provided services in English.

The defendants brought an omnibus motion seeking to set aside an order restoring the action to the trial list, an order for trial together with a related action, production of documents, and leave for further examinations for discovery.

The court set aside the prior restoration order but granted a fresh order restoring the action.

It dismissed the request for trial together, ordered further production, and granted leave for additional examination for discovery regarding a second motor vehicle accident.

The court also allowed police productions from the 2014 action to be used in the 2020 action.

Costs were awarded to the moving defendants.

This decision addresses a class action arising from a cyber breach of CarePartners' computer system.

The plaintiffs sought certification of the class for settlement purposes, approval of the settlement agreement, and approval of class counsel fees and honoraria for the representative plaintiffs.

The court granted all motions, certifying the class, approving a $3.44 million settlement fund, a 20% contingency fee for class counsel, and $5,000 honoraria for each representative plaintiff.

The judgment notably provides a detailed analysis and affirmation of the practice of awarding honoraria to representative plaintiffs in class actions, disagreeing with a recent decision that sought to end the practice, and outlining factors for assessing their quantum.

The plaintiffs in a putative class proceeding regarding a cyber-breach of the defendant's computer systems sought approval of a notice plan for a proposed settlement.

The court approved the notice plan, which included direct notice to known affected individuals and indirect notice via press release and social media, finding it maximized breadth while minimizing costs.

The court ordered one amendment to include the Zoom link for the upcoming settlement approval hearing.