Dona L. Campbell

The defendant sought leave to appeal a decision certifying the plaintiffs as representative plaintiffs in a class action.

The motion for leave to appeal was denied with costs to the plaintiffs.

The plaintiffs sought costs of $35,280.51, while the defendant argued for $5,000.

The court found the plaintiffs' claim excessive but the defendant's proposal insufficient, considering the $11 to $16 million at issue, the historical context of the pension surplus, and the complexity of the issues.

Costs were fixed at $15,000 inclusive.

Following the dismissal of the appellants' appeal of a refusal to certify a class proceeding regarding pension plan amendments, the respondents sought costs.

The appellants argued that no costs should be awarded, relying on the public interest and novel point of law provisions under the Class Proceedings Act, 1992.

The Divisional Court found no special circumstances to depart from the general rule that costs follow the event.

Applying the overriding principle of reasonableness, the court awarded costs to the respondents, including disbursements for a responding report on a fresh evidence motion.

The appellants appealed the decision of the motion judge refusing to certify their proposed class proceedings against the Ontario Northland Transportation Commission regarding amendments to its pension plan.

The appellants alleged the pension plan was an irrevocable trust and the amendments constituted a breach of trust.

The Divisional Court dismissed the appeals, finding that the motion judge made no errors of law, no palpable and overriding errors of fact, and that her conclusions on mixed fact and law regarding common issues, preferable procedure, and representative plaintiffs were reasonable and entitled to deference.