Deborah Berlach

In a proposed class action for alleged misconduct in the primary and secondary securities market, the defendant corporation was unresponsive to proceedings.

The insurers of the corporation's officers and directors brought a motion on behalf of the corporation to appoint a receiver to defend the claims.

The plaintiffs and other defendants did not oppose the appointment.

The court found it fair, just, and necessary to appoint a receiver and granted the order.

Following certification of a national class proceeding and dismissal of defendants’ summary judgment motions, the court determined costs arising from the certification and related motions.

The court applied Rule 57 of the Rules of Civil Procedure and principles governing costs in class proceedings, including fairness, reasonable expectations of the parties, and the access to justice objectives of the Class Proceedings Act, 1992.

The litigation involved extensive evidence, numerous defendants, and complex factual and legal issues affecting approximately 10,000 class members with alleged losses approaching $150 million.

The court rejected requests for substantial indemnity costs and declined to refer costs to formal assessment, instead fixing costs directly.

Significant partial indemnity costs and disbursements were awarded to the plaintiff, apportioned among the defendant groups.

In a medical negligence trial arising from a compromised birth, the plaintiffs alleged that labour and delivery nurses failed to meet obstetrical monitoring standards before a severe bradycardic event.

The court found that active labour had begun by at least 18:00, requiring half-hourly auscultation, and held the nursing care fell below the standard by failing to monitor appropriately, verify concerning findings, and escalate monitoring.

On causation, the court preferred expert evidence that a prolonged partial hypoxic-ischemic process likely developed before 21:00 and would probably have been detected with proper surveillance.

The court concluded earlier intervention would likely have prevented or substantially reduced the neurological injury.

The hospital was found liable, with damages previously admitted subject to approval.

The plaintiff brought a motion to certify a class action against the promoters, lawyers, and other entities involved in a charitable donation tax shelter scheme called the Donations for Canada Gift Program.

The Canada Revenue Agency had disallowed the charitable tax credits claimed by the participants, finding they lacked donative intent.

The defendants brought motions for summary judgment.

The court certified the action as a class proceeding, finding that the pleadings disclosed causes of action in negligence, negligent misrepresentation, fraud, conspiracy, breach of contract, and unjust enrichment.

The court dismissed the defendants' motions for summary judgment, concluding that a trial was required to fully appreciate the evidence and resolve the complex factual issues, including whether the contracts were vitiated by fraud.

Following settlement of a medical negligence action arising from a patient’s stroke while recovering from neurosurgery, the hospital pursued a cross‑claim for contribution under s. 2 of the Negligence Act against a nurse and her staffing agency employer.

The court found that the primary care nurse failed to properly assess neurological deterioration, failed to recognize hemiplegia, inadequately documented patient status, and failed to escalate concerns to obtain timely physician assessment.

The charge nurse also breached the standard of care by failing to properly assess the patient and failing to ensure that physicians were promptly paged and attended.

Applying the “but for” test with a robust and pragmatic approach to causation, the court inferred that earlier diagnosis and treatment of vasospasm would likely have reduced the extent of neurological injury.

Because the respective degrees of fault between the two nurses could not be determined, liability was apportioned equally under the Negligence Act.

Following a jury verdict in a medical negligence action, the court had issued written reasons on costs addressing the plaintiffs’ bill of costs and disbursements.

After the release of those reasons, counsel for the plaintiffs sent correspondence directly to the court seeking a further attendance and advancing additional arguments concerning expert disbursements that had been disallowed for lack of supporting information.

The court held that the correspondence constituted improper ex parte communication and an attempt to re‑argue the costs decision after final reasons had been issued.

The judge emphasized that the burden lies on the party claiming disbursements to demonstrate that they are reasonable and necessary and criticized counsel’s failure to provide sufficient supporting detail in the original materials.

The court refused to consider the contents of the letter and reaffirmed that the earlier costs decision was final.