Eric Lafrenière

This is Part 10 of a series of joint decisions in multi-jurisdictional class actions (Ontario and Quebec).

Class Counsel sought further revisions to the Distribution and Individual Issues Protocol (DIIP), specifically to increase the $6,000 costs cap for Track 2 claims to $12,000, and to add a clause about Rule 49 of the Rules of Civil Procedure applying to Track 2/3 claims, and to apply ordinary costs rules for contested Track 2 motions.

The court approved the latter two unopposed requests but denied the request to increase the costs cap, emphasizing proportionality and the need to simplify procedures rather than increase costs.

This decision, Part 9 of a series in a multi-jurisdictional class action, addresses bitterly contested motions by both the Attorney General of Canada and Class Counsel to revise the Distribution and Individual Issues Protocol (DIIP).

The dispute centered on the scope of reply position statements for Track 2 claims.

Canada sought to limit replies strictly to mitigating factors and causation rebuttal, while Class Counsel argued for broader replies to new issues raised by Canada.

The court denied both parties' specific requests, instead directing a revision to allow Canada a right of sur-reply if a claimant files a reply, and imposing an increased payment to the Manager/Expert in such instances.

The ruling aims to ensure fair, efficient, and proportionate litigation while discouraging procedural abuses by either party.

The Attorney General of Canada sought an order to compel the class action administrator (Epiq) to disclose contact information of "Unlawfully at Large" (UAL) claimants to law enforcement.

The class members, through their counsel, opposed this, arguing it was an improper use of class action administration powers and a violation of Charter rights, suggesting that the Criminal Code's production order process was the appropriate mechanism.

The court, in a joint decision from the Ontario Superior Court of Justice and the Superior Court of Québec, denied the Attorney General's broad request.

Instead, it granted a modified order, allowing disclosure only if the Attorney General first obtains a production order under s. 487.014 of the Criminal Code, thereby upholding the proper legal process for obtaining such information while acknowledging the Attorney General's good faith in bringing the motion.

This is Part 6 of a joint decision concerning the ongoing administration of multi-jurisdictional class actions (Ontario and Quebec) against the Attorney General of Canada regarding administrative segregation.

The parties brought a joint, consensual motion to amend sections 10.1 and 11.2 of the Distribution and Individual Issues Protocol.

The amendments aim to resolve issues arising from "BRG Crossover" claimants (those with placements in both Ontario and Quebec) and misallocated claimants, by allowing claimants to elect the court (Ontario or Quebec) that will review their claims, provided there is a connection to that jurisdiction.

The court approved the amendments, finding them to be in the best interests of class members and conducive to cost-effective and expeditious claim determination.

This is Part 7 of a joint decision by the Ontario Superior Court of Justice and the Superior Court of Québec concerning multi-jurisdictional class actions (Brazeau, Reddock, Gallone).

The decision addresses a consensual motion by the parties to streamline the payment process for "Track 2, Box 1 only Claims" under the previously approved Distribution and Individual Issues Protocol.

The courts approved an order confirming that payments to class members, class counsel, and the Class Proceedings Fund will be made periodically (every 75 days after a cut-off date) without requiring further motions for confirmation, thereby enhancing judicial economy and access to justice.

The Ontario Superior Court of Justice and the Superior Court of Québec issued a joint decision in three related class actions against the Attorney General of Canada.

Following the approval of a Distribution and Individual Issues Protocol, the parties sought approval for minor typographical corrections and various translated administrative documents, including notice forms and claim forms.

The courts approved the corrections and the submitted documents, and directed the parties to submit the claims administrator's terms of appointment once finalized.

The parties in three related class actions regarding administrative segregation in federal penitentiaries sought court approval for a revised Distribution and Individual Issues Protocol, notices, and forms.

The courts approved the documents but revised the proposed opt-out procedure to ensure that all putative class members detained in administrative segregation after December 12, 2016, who had not previously had an opportunity to opt out, were granted a first-time opportunity to do so.

This is Part 2 of a joint decision by the Ontario Superior Court of Justice and the Superior Court of Québec concerning the Brazeau, Reddock, and Gallone class actions.

The courts finalized and approved the Distribution and Individual Issues Protocol, which governs the distribution of the aggregate damages award and the procedures for determining individual issues.

The decision addresses submissions from the parties on a provisional draft protocol and resolves a late-arriving dispute between Class Counsel and the Law Foundation of Ontario regarding funding for the individual issues phase by deleting contentious provisions.

This appeal concerned two class actions (Brazeau and Reddock) brought by federal inmates challenging the legality of administrative segregation practices.

The Court of Appeal for Ontario upheld the motion judge's finding of liability against Canada for breaches of ss. 7 and 12 of the Canadian Charter of Rights and Freedoms, concluding that the prolonged administrative segregation practices constituted cruel and unusual punishment and lacked independent review.

The court found that Canada's failure to alter its policies despite long-standing criticism met the "clear disregard for Charter rights" threshold for awarding damages.

However, the court set aside the motion judge's order in Brazeau to use aggregate damages for structural changes to penal institutions, deeming it an unjustifiable assumption of judicial control and a misinterpretation of the Class Proceedings Act.

The court also overturned the finding of systemic negligence in Reddock, concluding that Charter damages were the more appropriate remedy.

The appeals were allowed in part, with the Brazeau damages remitted for re-determination and the Reddock negligence finding reversed.

In a certified class action, the Attorney General of Canada moved for an order adjourning a summary judgment motion sine die, pending the outcome of appeals in two related cases concerning administrative segregation.

Canada argued that an adjournment would prevent duplication of resources, inconsistencies in law, and allow for streamlining of issues, consistent with the Courts of Justice Act.

The plaintiff opposed the adjournment, citing substantial prejudice due to delay after two years of litigation.

The court refused the adjournment, finding that proceeding with the summary judgment motion was more efficient and fair, as the evidentiary record was complete, and the case should be decided based on existing law.

The court emphasized that an adjournment would waste prior work and add to costs, and that justice delayed is justice denied.