Deborah Claire Templer

Seven spirits suppliers brought an application challenging the enforceability of section 14 of the LCBO's standard purchase order Terms and Conditions — a "most favoured customer" no-price-discrimination clause — after the LCBO assessed approximately $35.9 million in chargebacks by way of set-off for breaches of the provision.

The applicants raised multiple grounds: ultra vires, statutory illegality, restraint of trade, unenforceable penalty/unconscionable forfeiture, waiver, estoppel by convention, bad faith, and unjust enrichment.

The court rejected all grounds, holding that section 14 falls squarely within the LCBO's statutory mandate to buy and sell liquor as a wholesaler and retailer, is not prohibited by statute, does not restrain trade, is not an unenforceable penalty, was not waived, and was not the subject of a shared assumption with suppliers that it would not be enforced.

The application was dismissed.

This decision sanctions the CCAA Plans of Imperial Tobacco Canada Limited, Imperial Tobacco Company Limited, JTI-Macdonald Corp., and Rothmans, Benson & Hedges Inc., effecting a global settlement of all tobacco-related claims in Canada.

The court reviews the structure, allocation, and fairness of the plans, including the creation of a $1 billion Cy-près Foundation, and addresses objections from social stakeholders.

The court finds the plans fair, reasonable, and in the public interest, and grants the requested relief, including third-party releases and the appointment of plan administrators.

The plaintiffs in a putative class action sought leave to discontinue the action under s. 29 of the Class Proceedings Act, 1992, with the defendants' consent.

The action alleged Bell Canada miscalculated a 1998 cost-of-living allowance (COLA) increase for pensioners.

This issue was resolved through an "Action Plan" negotiated between Bell and the Office of the Superintendent of Financial Institutions (OSFI), resulting in approximately $84.2 million in retroactive payments to affected pensioners.

The court found the action moot and granted leave to discontinue, approving the proposed notice plan, as the discontinuance would not prejudice the putative class members.

The representative plaintiff in a certified class action arising from a 2010 apartment building fire brought a motion for approval of a negotiated settlement and approval of class counsel’s fees under the Class Proceedings Act, 1992.

The settlement required the defendants to pay $5.5 million to resolve all claims by class members for property damage, personal injury, displacement, emotional distress, and related losses, together with $1.4 million toward legal fees and disbursements.

The court considered the established criteria for settlement approval in class proceedings, including the likelihood of success, the extent of discovery and investigation, the recommendation of experienced counsel, the absence of meaningful objections, and the arm’s‑length nature of the negotiations.

The court concluded the settlement was fair, reasonable, and in the best interests of the class.

The court also approved class counsel fees totaling $1,150,000 as reasonable given the litigation risks, complexity, and results achieved.