Edward P. Belobaba

This motion concerned the approval of several settlement agreements in ongoing automotive parts class actions, specifically with Mitsubishi Heavy, SKF, Brose, and Yamada.

The plaintiffs also sought approval for a distribution protocol for Automotive Bearings, Electric Powered Steering Assemblies, High Intensity Discharge Ballasts, and Manual Steering Columns actions, authorization for using previously produced customer information, honoraria for representative plaintiffs, use of residual wire harness funds, and class counsel's legal fees and disbursements.

The court granted all requests, finding the settlements and distribution protocol fair, reasonable, and in the best interests of the class, and the requested fees and honoraria justified.

This class action, alleging employee misclassification and breaches of provincial employment standards, settled for $2.4 million after almost eight years of litigation.

The court approved the settlement amount, class counsel's legal fees, payment to the Class Proceedings Fund, and the distribution method.

The representative plaintiff's requested honorarium of $20,000 was reduced to $8,000, as his involvement, while excellent, was not deemed "truly extraordinary" but did involve some personal and financial hardship.

The class period was also extended for settlement purposes.

The plaintiffs brought a motion to certify a class action against seven discount brokers, alleging that their receipt of mutual fund trailing commissions prior to the 2022 prohibition was illegal.

The court found that the plaintiffs failed to satisfy the 'some evidence' requirement to show that the practice contravened applicable Canadian securities law.

The evidence filed by the plaintiffs themselves demonstrated that the practice, while controversial, was not illegal before the regulatory amendments took effect.

The motion for certification was dismissed.

The plaintiff brought a motion to certify a class action against Allstate Insurance Company of Canada, alleging the employer breached the Employment Standards Act by failing to include certain bonus payments in the calculation of vacation and public holiday pay.

The court found that the 'some basis in fact' requirement was met only for Business Development Agents regarding the Agency Performance Bonus, as there was evidence it was not wholly discretionary and related to individual production.

The motion for certification was granted but strictly limited to this subclass and bonus type.

The plaintiff brought a motion to certify a national class action alleging that the defendant brokerage firm failed to provide vacation and public holiday pay to commissioned employees in breach of employment standards legislation.

The defendant argued that commissions continued to be paid while employees were on vacation and that the onus was on employees to prove non-payment.

The court found that the employer bears the burden of proving statutory payments were recorded and made, and that the absence of a class-wide system to record and report these obligations provided some evidence of commonality.

The court certified the class action, finding all requirements under section 5(1) of the Class Proceedings Act, 1992 were met.

The plaintiffs sought to certify a class action against the Government of Ontario for its response to the COVID-19 pandemic in long-term care (LTC) homes.

The plaintiffs alleged gross negligence, breach of fiduciary duty, and breach of section 7 of the Charter.

The court certified the class action solely on the negligence/gross negligence claim against the Minister of Long-Term Care, finding it arguable that the Long-Term Care Homes Act imposes a private law duty of care on the Minister to protect LTC residents.

The fiduciary duty and Charter claims were struck for disclosing no reasonable cause of action.

The class was limited to LTC residents and their families, excluding visitors.

This certified class action concerned allegations of misleading advertising by Ford regarding fuel consumption estimates on EnerGuide labels for 2013 and 2014 model year vehicles, claiming breaches of the federal Competition Act and provincial consumer protection statutes.

Both parties brought cross-motions for summary judgment.

The court dismissed the plaintiff's claims, finding no contravention of the Competition Act due to Ford's compliance with federal guidelines and a lack of evidentiary support for a misleading general impression.

While provincial consumer protection laws allow for non-disclosure claims, the court found no legal obligation for Ford to provide additional disclosures (a "Second Label") beyond the EnerGuide Label and the referenced Fuel Consumption Guide, as there was no evidence that car buyers were deceived.

The defendants' cross-motion for summary judgment, dismissing the class action, was granted.

The Toronto-Dominion Bank sought summary judgment to dismiss a proposed class action alleging that it improperly charged a second Non-Sufficient Funds (NSF) fee for a single rejected payment that was subsequently re-presented by a third-party payee (PayPal).

The plaintiff argued that the bank's standard consumer banking agreement did not disclose this second fee, constituting a breach of contract, a contravention of consumer protection law, and unjust enrichment.

The court found that the NSF provision in the agreement unambiguously applied only to payments initiated by the customer, not to re-presentments by third parties.

The bank's argument that federal "Network Rules" mandated the second fee or informed the agreement's interpretation was rejected, as these rules were not known to consumers and did not address NSF fees.

Consequently, the bank's motion for summary judgment was dismissed, allowing the class action to proceed to certification.

Two competing class counsel groups sought carriage of a proposed class action against the Province of Ontario regarding COVID-19 outbreaks in long-term care homes.

The Nisbet Action proposed suing Ontario solely for its several liability to avoid third-party claims and expedite certification.

The Robertson Action proposed a conventional joint and several liability approach, expecting third-party claims between Ontario and long-term care operators.

The court granted carriage to the Robertson Action, finding that the several liability approach offered no early-stage advantage and would create significant disadvantages in later-stage litigation, including potential unfairness to the defendant and risks of unrecovered losses for class members.

The applicant landlord sought a declaration regarding its rights under a commercial condominium declaration after its tenant, a dentist, purchased an adjacent unit and purported to transfer the exclusive use designation for a dental clinic to the new unit.

The court applied the nemo dat principle, holding that the tenant could only consent to the transfer of the exclusive use for the remaining duration of his lease, protecting the landlord's premium-paid exclusivity.

The plaintiffs sought judicial approval of a $25 million settlement in two pharmaceutical class actions alleging that the diabetes drug PIO caused bladder cancer and that the defendants failed to warn of this risk.

The court initially raised concerns about the settlement amount compared to a $2.4 billion U.S. settlement, but approved it after class counsel provided evidence of recent scientific studies undermining causation and differences in market size and litigation risk.

The court also approved class counsel's 30% contingency fee and awarded a reduced honorarium of $1,500 to each representative plaintiff.

The plaintiff was injured in a motor vehicle accident while a passenger in a car driven by the defendant driver.

The vehicle was owned by the driver's mother, who had explicitly refused permission for him to drive it.

The mother and her insurer brought motions for summary judgment to dismiss the action against them on the basis that the vehicle was taken without consent.

The court found that the driver had never taken the car before, the mother had hidden the keys, and there was no implied consent.

The motions for summary judgment were granted and the action against the owner and insurer was dismissed.

The applicant sought an urgent order to be certified as a candidate for the Conservative Party of Canada's National Council election after the returning officer refused her candidacy due to old social media posts.

The court found it had jurisdiction to intervene in the rules of an unincorporated political association where a significant contractual right was breached.

It held that the returning officer acted beyond his authority by imposing additional criteria not found in the party's rules, which explicitly stated that eligible candidates "shall be certified." The court granted the application, ordering the applicant's name to be added to the ballot.

The plaintiff brought a class action alleging that the defendant mining company made secondary market misrepresentations by failing to disclose the negative opinions of one of its mining consultants regarding a mineral resource estimate.

On cross-motions for summary judgment, the court dismissed the action, finding that the consultant's opinions were unsolicited, inexpert, premature, and based on unreliable data.

The court held that the defendants were not obliged to disclose unreliable information, meaning there was no omission of a material fact.

In the alternative, the court found that the defendants satisfied the reasonable investigation defence under the Securities Act.

This decision addresses competing carriage motions in proposed class actions concerning business interruption insurance claims related to the COVID-19 pandemic.

The court considered an "omnibus" action against 16 insurers and several focused actions against Aviva.

The court ruled that the Aviva-specific actions should proceed expeditiously, carved out from the omnibus action, with the Nordik Consortium and Lerners LLP appointed as carriage counsel for the Aviva claims.

The Workman Consortium was appointed carriage counsel for the omnibus action, excluding the Aviva defendants.

The decision prioritized the best interests of the class, fairness to defendants, and the objectives of the Class Proceedings Act, particularly access to justice and expeditious determination.

Following the dismissal of the plaintiffs' motion for certification in an emissions defeat device class action, the successful defendants sought costs totaling $965,012 on a partial indemnity basis.

The plaintiffs argued for a maximum award of $125,000, noting their own costs were $550,263.

The court fixed costs at $560,000 all-inclusive on a partial indemnity scale, finding this amount fair and reasonable given the complexity of the issues, the number of defendant groups, and the costs reasonably incurred by the plaintiffs themselves.

The plaintiff sought approval of a $4.95 million settlement, class counsel fees, and a representative plaintiff honorarium in a class action alleging the defendants misrepresented vehicle fuel economy ratings.

The court initially rejected the settlement approval based on a take-up analysis, but approved it after class counsel provided a revised analysis showing the settlement amount was fair relative to the maximum recoverable at trial.

The court also approved a modified honorarium of $3,000 for the representative plaintiff and class counsel's 33 percent contingency fee.

The defendants in a proposed privacy class action regarding a data breach brought a motion to transfer and stay four identical Small Claims Court actions.

The court held that under s. 13 of the Class Proceedings Act, the small claims should be temporarily stayed pending the outcome of the certification motion, as allowing them to proceed would circumvent the opt-out provisions of the Act.

However, the court declined to transfer the actions to the Superior Court, finding such a transfer premature until the certification motion is decided.

The plaintiff brought a proposed class action against the defendant employer for unpaid overtime, initially claiming $100 million.

The parties reached a pre-certification settlement of $7 million, which included a new time-tracking system.

The court certified the action for settlement purposes and approved the settlement, finding it fair and reasonable given the adjusted actual loss, comparable settlements, and the significant litigation risk posed by the COVID-19 pandemic's impact on the travel industry.

The court also approved a $10,000 honorarium for the representative plaintiff due to retaliatory employment consequences, and approved class counsel's 25% contingency fee.

The representative plaintiffs in two class actions against the Toronto Police Services Board for wrongful arrest and detention during the 2010 G20 Summit sought court approval for a proposed settlement and class counsel fees.

The settlement included up to $16.5 million in financial compensation, a public acknowledgement of wrongdoing, commitments to reform policing of public demonstrations, and expungement of arrest records.

The court found the settlement to be fair, reasonable, and in the best interests of the class, noting the significant non-monetary components and the risks of proceeding to trial.

The court also approved class counsel's legal fees, which amounted to approximately 28 percent of the recovery, as fair and reasonable.