Dr. Lamb

The plaintiff brought a motion to certify a national class proceeding alleging that the defendants, major manufacturers of fragrance ingredients, engaged in an unlawful price-fixing conspiracy contrary to the Competition Act.

The proposed class included direct, indirect, and umbrella purchasers of fragrance ingredients and products.

The court dismissed the certification motion, finding that the plaintiff failed to meet the 'some basis in fact' test.

The evidence relied upon consisted merely of unsubstantiated suspicions and investigations by foreign regulators, without any direct or indirect evidence of a conspiracy or its impact in Canada.

Furthermore, the court found the proposed class definition unmanageable, as it would be nearly impossible for individuals to self-identify as class members.

The applicant sought statutory accident benefits following a 2014 motor vehicle accident.

The Tribunal found the applicant was entitled to non-earner benefits from August 2014 onward, as chronic pain practically prevented her from engaging in substantially all of her pre-accident activities.

The Tribunal also awarded attendant care benefits at a reduced rate of $1,081.40 per month, relying on an early occupational therapy assessment rather than later assessments that recommended the maximum catastrophic limit.

Claims for various treatment plans and medications were largely dismissed due to non-compliance with s. 33 requests and incomplete forms.

The Tribunal granted a 5% special award under s. 10 of O. Reg. 664, finding the insurer unreasonably delayed payment of the non-earner benefit by failing to properly adjust the file and notify the applicant of the purpose of insurer examinations.