Eric R. Hoaken

The plaintiffs in a class action alleging a price-fixing conspiracy in the foreign exchange market moved for approval of six settlements totaling $51.5 million.

The court reviewed the settlements in light of the estimated range of total damages, the litigation risks, and the value of the settling defendants' cooperation.

Finding the settlements to be fair, reasonable, and in the best interests of the class, the court approved the settlements.

The plaintiffs in a proposed class action alleging a conspiracy to fix prices in the FX Market brought a motion to certify the action for settlement purposes and approve settlements with four groups of defendants (Barclays, HSBC, RBS, and Standard Chartered PLC).

The court reviewed the motion record and found that all criteria for certification under s. 5 of the Class Proceedings Act, 1992 were satisfied, even with a less rigorous application in a settlement context.

The motion was granted, certifying the action for settlement purposes and approving the settlements.

The representative plaintiffs moved for approval of a $2.375 million settlement in a class action concerning the under-dosing of chemotherapy drugs at several hospitals.

The defendants, who supplied and administered the drugs, denied liability, arguing there was no evidence of clinical impact on patient outcomes and that the plaintiffs' psychological harm did not meet the legal threshold for a recognizable psychiatric illness.

The court approved the settlement, finding it fair, reasonable, and in the best interests of the class given the significant litigation risks, the lack of evidence showing clinical harm, and the recommendations of experienced class counsel.

The court also approved class counsel's requested fees of $400,000.

Following a successful motion by the defendants to prevent the plaintiffs from using extra-jurisdictional procedures to acquire documents from non-parties, the defendants sought partial indemnity costs of $75,365.38.

The plaintiffs argued for reduced costs of $15,000, citing the novelty and public interest of the issue under section 31 of the Class Proceedings Act, 1992.

The court rejected the plaintiffs' argument, finding the issue was not legally novel in a way that justified denying costs and noting the plaintiffs' conduct was improper.

The court awarded the defendants their costs as claimed.

In a proposed national class action alleging price-fixing in the foreign exchange market, the plaintiffs obtained an ex parte subpoena in the United States under 28 U.S.C. §1782 to compel pre-certification discovery from a non-party, Bloomberg LP.

The defendants brought a motion to enjoin the plaintiffs from taking any steps in furtherance of the subpoena without authorization from the Ontario court.

The court granted the motion, finding that the plaintiffs had circumvented Ontario's rules and jurisprudence regarding the discovery of non-parties and pre-certification discovery in class actions.

The court held that it has jurisdiction to control its own process and regulate the examination of non-parties for an Ontario action.

The representative plaintiff in a class action sought costs following a successful second motion under s. 5(1)(a) of the Class Proceedings Act and a subsequent consent certification.

The court awarded the plaintiff partial indemnity costs of $31,089 for the contested motion.

For the balance of the certification motion, the court ordered a hybrid costs award because the defendants did not communicate their consent in a timely fashion, fixing costs at $65,235, with one-third payable forthwith and two-thirds payable in the cause.

The plaintiffs brought a proposed class action alleging that the defendant financial institutions conspired to fix prices in the foreign exchange (FX) market.

The plaintiffs reached settlement agreements with three groups of defendants (Goldman Sachs, JPMorgan, and Citi) totaling $39.25 million.

The plaintiffs moved for an order certifying the action as a class proceeding for settlement purposes against these settling defendants and approving the notice plan.

The court found that the criteria for certification under section 5 of the Class Proceedings Act, 1992 were satisfied and granted the order.

The plaintiffs brought a class action alleging that numerous financial institutions conspired to manipulate the foreign exchange market.

The plaintiffs reached early settlements with three groups of defendants (UBS, BNP, and Bank of America) totaling $15,950,000.

The plaintiffs sought court approval of the settlements and Class Counsel's fee request.

The court approved the settlements, finding them fair, reasonable, and in the best interests of the class, particularly given the litigation risks and the value of the settling defendants' cooperation.

The court also approved Class Counsel's fee request of $3,987,500 plus disbursements.

The applicants, members of the Ontario Medical Association (OMA), brought a motion for interlocutory orders in a governance dispute concerning a proposed Physician Services Agreement (PSA).

They sought a new notice of general meeting, a revised proxy form, a comprehensive membership list including phone numbers, and the appointment of a neutral chair.

The court dismissed requests for a new notice of meeting, the expanded membership list, and a neutral chair, finding no strong case for intervention on those points.

However, the court granted the request to void the OMA's circulated proxy form, deeming it unhelpful, unclear, unbalanced, and unfair, and directed the OMA to prepare a revised form.

The court exercised its jurisdiction under sections 297 and 332 of the Corporations Act to ensure the fair conduct of the members' meeting and the integrity of the proxy system.

In CCAA proceedings involving a payday lending enterprise, class members in Ontario consumer class actions moved for approval of three settlement agreements forming part of a broader global resolution of litigation involving the debtor companies, their directors and officers, and related parties.

The settlements resolved certain class claims and partially resolved a third‑party lender claim, providing more than $10 million in recovery with potential participation in future litigation proceeds.

The court applied established settlement approval factors including likelihood of success, litigation risks, counsel recommendations, absence of objections, and arm’s‑length negotiations.

The court concluded that the settlements were fair, reasonable, and in the best interests of the class and the restructuring process.

The plaintiff, a unit-holder in a real estate investment trust (REIT), brought a proposed class action alleging that the REIT's former CEO and trustees breached their fiduciary duties and duties of trust by entering into an undisclosed related-party transaction.

On a bifurcated certification motion to determine if the pleadings disclosed a reasonable cause of action under s. 5(1)(a) of the Class Proceedings Act, the court struck the breach of fiduciary duty claims, finding that the defendants owed duties to the REIT but not to the unit-holders.

However, the court allowed the breach of trust claims against the trustees and the knowing assistance claim against the former CEO to proceed, while striking the knowing assistance claims against the vendor and the vendor's solicitors.

The plaintiffs brought a proposed class action alleging a price-fixing conspiracy regarding lithium ion batteries.

Two foreign defendants, NEC Corporation and NEC Tokin Corporation, brought a motion to stay or dismiss the action against them for lack of jurisdiction simpliciter.

The court granted the motion, finding that the plaintiffs failed to establish a good arguable case that the moving defendants carried on business in Ontario or committed the tort of conspiracy in Ontario, as there was no evidence that their batteries reached Ontario through normal channels of trade or that they participated in acts causing damage in Ontario.

The plaintiffs sought an interlocutory injunction to restrain the defendant from selling an independent medical examinations business to a competitor.

The plaintiffs argued the defendant breached a contractual duty of good faith by failing to negotiate a sale with them and by not offering a right to match the competitor's offer.

The court dismissed the motion, finding no serious issue to be tried as the defendant had fulfilled its limited obligation to offer a first right of negotiation and was not required to provide a right to match.

The court also found the balance of convenience favoured the defendants.

Following the dismissal of a proposed class proceeding and the granting of summary judgment in favour of the defendant, the court addressed the issue of costs.

The defendant sought partial indemnity costs of over $321,000, while the plaintiffs argued that a substantially lower award was appropriate and invoked s. 31(1) of the Class Proceedings Act, 1992, asserting the action raised a novel legal issue.

The court held that although the case contained some novel aspects, it was primarily a private financial dispute and not a public interest test case warranting a reduction of costs.

Applying the principles from Boucher v. Public Accountants Council for the Province of Ontario and Rule 57.01 of the Rules of Civil Procedure, the court assessed whether the claimed costs were fair and reasonable.

The court concluded that the defendant’s claimed costs exceeded what the unsuccessful plaintiffs could reasonably be expected to pay and fixed costs at $200,000 all inclusive.

The proposed representative plaintiffs sought certification of a class action alleging that fellows at a teaching hospital were contractually entitled to receive fellowship stipends on a tax‑free basis and that the defendant payroll management entity breached the employment contracts by later withholding income tax without grossing up compensation.

The defendant opposed certification and brought a motion for summary judgment dismissing the action.

The court held that although the defendant could be considered an employer within a common‑employer structure, there was no express, implied, or collateral contractual term guaranteeing tax‑free fellowship payments.

Because the alleged promise of tax‑free compensation could not be established and damages claims were untenable, the individual claims failed.

Certification was also denied because the key issues were individualized and the proposed plaintiffs were not adequate representatives.

The plaintiff brought a motion to certify a class action against Expedia Inc. and Expedia Canada Corporation, alleging that the defendants wrongfully charged hidden service fees and undisclosed profits on hotel bookings.

The court certified the action against Expedia Inc. for breach of contract, finding that the pleadings disclosed a cause of action, there was an identifiable class, and a class proceeding was the preferable procedure.

However, the court declined to certify claims under the Consumer Protection Act and Competition Act, and dismissed all claims against Expedia Canada Corporation as it was not a contracting party.

Following certification of a national class proceeding and dismissal of defendants’ summary judgment motions, the court determined costs arising from the certification and related motions.

The court applied Rule 57 of the Rules of Civil Procedure and principles governing costs in class proceedings, including fairness, reasonable expectations of the parties, and the access to justice objectives of the Class Proceedings Act, 1992.

The litigation involved extensive evidence, numerous defendants, and complex factual and legal issues affecting approximately 10,000 class members with alleged losses approaching $150 million.

The court rejected requests for substantial indemnity costs and declined to refer costs to formal assessment, instead fixing costs directly.

Significant partial indemnity costs and disbursements were awarded to the plaintiff, apportioned among the defendant groups.

The applicant sought a declaration that non-competition, non-solicitation, and confidentiality agreements he signed with the respondents were unenforceable as an illegal restraint of trade.

The court found that the covenants were connected to a commercial sale transaction rather than just an employment contract, and therefore subject to a less rigorous standard of reasonableness.

The court concluded that the covenants were unambiguous, protected a legitimate business interest, and were reasonable in their scope, territory, and duration.

The application was dismissed.

The plaintiff brought a motion to certify a class action against the promoters, lawyers, and other entities involved in a charitable donation tax shelter scheme called the Donations for Canada Gift Program.

The Canada Revenue Agency had disallowed the charitable tax credits claimed by the participants, finding they lacked donative intent.

The defendants brought motions for summary judgment.

The court certified the action as a class proceeding, finding that the pleadings disclosed causes of action in negligence, negligent misrepresentation, fraud, conspiracy, breach of contract, and unjust enrichment.

The court dismissed the defendants' motions for summary judgment, concluding that a trial was required to fully appreciate the evidence and resolve the complex factual issues, including whether the contracts were vitiated by fraud.