Douglas Stewart

The defendant, a court-appointed receiver, brought a motion to dismiss the plaintiffs' action against it.

The plaintiffs had commenced the action without obtaining leave of the court or the receiver's written consent, contrary to section 215 of the Bankruptcy and Insolvency Act and prior court orders.

The court granted the motion, holding that obtaining leave is a strict condition precedent to bringing an action against a receiver, and dismissed the claims against the receiver with costs.

A case conference was held to address the scheduling of several outstanding motions after the plaintiffs dismissed their counsel.

The court rescheduled the motions to the week of November 7, 2022, to be heard virtually.

The hearing of the motions was marked peremptory against the plaintiffs and their corporate entities, giving them time to retain new counsel without further delaying the proceedings.

A case conference was held to address multiple related actions.

On consent, the claims against Shahzad Siddiqui and Borden Ladner Gervais LLP were dismissed with prejudice and without costs.

The court directed counsel to confer regarding the potential release of individual defendants and established a timetable for scheduling upcoming dispositive motions.

A case conference was held to manage multiple related proceedings.

Counsel for the plaintiffs indicated a recommendation for the plaintiffs to agree to dismissals without costs in most cases, except potentially the claim against Grant Thornton LLP Canada, which requires leave to proceed.

The court directed that a new class action issued by one of the plaintiffs be case managed together with the existing matters.

Counsel were directed to advise on dismissals or agree on a timetable for dispositive motions by a specified date.

Supplemental reasons issued to correct an error in the court's previous decision (2022 ONSC 12).

The court corrected paragraph 4 to clarify that Lloyds should not have been listed as a party challenging the forum of the action.

The plaintiffs brought an action against multiple insurers for indemnity regarding environmental damage.

Several foreign defendants failed to deliver statements of defence within the required time limits, and one was noted in default.

The defendants sought an extension of time to defend or bring jurisdictional motions, arguing the court should wait for the outcome of a parallel proceeding commenced by one of the insurers in the United States.

The court refused to delay the Ontario proceeding, finding no prejudice to the defendants in requiring them to respond timely, and ordered the defendants to deliver their statements of defence or motion records by a specified deadline.

The plaintiffs brought motions for approval of a settlement, class counsel fees, and representative plaintiff honoraria in two class actions concerning defective Takata airbags installed in Mazda, Subaru, and Toyota vehicles.

The settlement provides for an outreach program, out-of-pocket expenses reimbursement, and a customer support program.

The court found the settlement to be fair, reasonable, and in the best interests of the class.

The court also approved class counsel fees of up to $5,850,000 and an honorarium of up to $19,167 to be split among the representative plaintiffs.