Danielle Royal

The defendants in a proposed opioid class action moved to dismiss the proceeding for delay under s. 29.1 of the Class Proceedings Act, 1992.

In response, the plaintiff brought a cross-motion for a nunc pro tunc timetable order and commenced parallel proceedings in Manitoba.

The parties reached a settlement wherein the competing motions were dismissed without costs, the Manitoba proceedings would be discontinued, and the Ontario action would be deemed commenced on October 2, 2020, making it subject to the amended certification test under the Smarter and Stronger Justice Act, 2020.

The court approved the settlement and issued the consent orders.

The plaintiffs sought judicial approval of settlement agreements totaling $7.9 million with seven defendant groups in multiple class actions alleging price-fixing in the global automotive parts industry.

The court also considered the approval of a distribution protocol, discontinuances and dismissals against certain defendants, representative plaintiff honoraria, and class counsel's 25% contingency fees.

The court found the settlements, distribution protocol, and fees to be fair, reasonable, and in the best interests of the class, and granted all requested approvals.

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.

The parties sought costs following a certification motion (where the plaintiffs were successful) and a jurisdiction motion (where the defendants were successful).

The plaintiffs initially sought over $600,000 but reduced their claim to $268,301.22, while the remaining defendants sought $228,575.05.

The court found the jurisdiction motion was highly complex and awarded the defendants their full requested amount.

For the certification motion, the court noted that class counsel had already been substantially compensated through prior settlements with other defendants.

The court awarded the plaintiffs $228,575.05 for the certification motion and ordered the two costs awards to be offset against each other.

The plaintiffs in a price-fixing class action regarding air freight shipping services brought a motion for approval of a notice of hearing regarding a settlement with one of the defendants.

The plaintiffs also sought orders requiring non-settling defendants and a non-party association to produce customer information, and authorizing freight forwarders to voluntarily disclose customer information, to facilitate the notice and claims process.

The court approved the notice plan and granted the production orders, finding that section 12 of the Class Proceedings Act satisfies the requirements for disclosure under section 7(3)(c) of the Personal Information Protection and Electronic Documents Act.

The plaintiffs, Tim Hortons franchisees, brought a proposed class action against the franchisor alleging breach of contract, breach of the duty of good faith and fair dealing, unjust enrichment, and breaches of the Competition Act.

The claims centered on the franchisor's requirement that franchisees purchase par-baked donuts and Lunch Menu ingredients at allegedly commercially unreasonable prices.

The franchisor moved for summary judgment.

The court granted summary judgment dismissing all claims, finding that the franchisor had the contractual right to require the purchases and set the prices, and that there was no breach of the duty of good faith or the Competition Act.

The certification motion was therefore moot, though the court indicated it would have certified certain common issues had the claims survived.