D. Kent

The defendant appealed a Master's order requiring it to either take physical possession of 2,966 allegedly damaged vehicles or pay $10,000 per day in storage costs to preserve them as evidence.

The plaintiff, who claimed $175 million in damages after the vehicles were exposed to severe weather, intended to destroy them.

The Superior Court allowed the appeal, finding the Master erred in law by applying a test that required the defendant to assert an ownership claim to the property.

The Court held that the plaintiff has a prima facie obligation to preserve the subject matter of the litigation and must bear the costs of preservation pending trial.

The plaintiff sought to certify a class action against the defendants for allegedly conspiring to fix prices of cathode ray tubes (CDTs) and colour picture tubes (CPTs).

The plaintiff asserted causes of action under the Competition Act and for common law unlawful means conspiracy, including claims on behalf of umbrella purchasers.

The court found that the pleadings disclosed a reasonable cause of action, an identifiable class existed, the claims raised common issues, a class proceeding was the preferable procedure, and the litigation plan was workable.

The motion for certification was granted.

The representative plaintiff in a proposed class action alleging a price-fixing conspiracy in the Canadian aftermarket oil and air filter market sought court approval of a settlement resolving the litigation.

The settlement provided for payment of $350,000, subject to an opt-out threshold, with a distribution protocol requiring significant purchase thresholds for direct recovery and a cy-près allocation to a consumer organization for remaining funds.

The court considered the risks of continuing litigation, including evidentiary issues, uncertainty regarding proof of conspiracy and price impact, and the pending Supreme Court of Canada decision concerning indirect purchaser rights.

Concluding that the settlement represented a fair, reasonable, and pragmatic resolution given the litigation risks, the court approved both the settlement and the reduced contingency fee arrangement.

Costs decision arising from a Rule 21 motion in a proposed class proceeding.

The plaintiffs sought partial indemnity costs after largely resisting the defendants’ motion to strike, while the defendants sought costs because the plaintiffs abandoned several claims during the motion, including conspiracy and negligence claims involving the Attorney General of Canada.

The court found that the plaintiffs substantially succeeded on remaining claims but materially altered their pleadings and abandoned significant allegations during the hearing.

Given the divided success and the altered nature of the action, the court concluded that neither side should receive costs.

The defendants brought a motion to strike the plaintiffs' proposed class action claims relating to the importation of vehicles from the United States into Canada.

The plaintiffs alleged that the defendants conspired to force importers to pay for unnecessary modifications and certifications by manipulating Transport Canada's admissibility list.

The court dismissed the motion to strike the Competition Act, Consumer Protection Act, and unjust enrichment claims.

The court struck the claim for unlawful purpose conspiracy without leave to amend, but allowed the unlawful conduct conspiracy claim to proceed.

The plaintiffs were granted leave to amend their claim for intentional interference with economic interests.