Stefan Boedeker

The plaintiffs brought a motion to certify a class action against Ticketmaster regarding its secondary ticket market practices.

The plaintiffs alleged that Ticketmaster knowingly facilitated or turned a blind eye to professional resellers using bots and multiple accounts to bypass primary market ticket limits, contrary to its Terms of Use and Purchase Policy.

The court certified the class action for claims of breach of contract, breach of ticketing legislation, unlawful means conspiracy, negligence, and unjust enrichment.

However, the court found that the claims under the Competition Act and consumer protection legislation did not disclose a cause of action because the plaintiffs failed to plead a sufficient causal connection between the alleged misrepresentations and their damages.

The court also dismissed Ticketmaster's motion to strike the plaintiffs' expert reports, finding them admissible and relevant to establishing a methodology for calculating aggregate damages.

Class counsel sought approval of a $44 million contingency fee following a $153 million settlement in an unpaid overtime class action against CIBC.

The court found the requested fee, representing 30% of the settlement, to be excessive and potentially champertous given the megafund nature of the settlement.

The court approved a reduced fee of $25 million (17% of the settlement), finding it provided fair compensation for the risks undertaken while protecting the integrity of the profession.

The court also denied the representative plaintiff's request for a $30,000 honorarium, finding her involvement was not extraordinary enough to justify the award.

The plaintiff brought a motion to certify a class action against a car rental company, alleging systemic misclassification of branch managers and seeking unpaid overtime.

The court dismissed the certification motion, finding that the proposed common issues regarding misclassification could not be resolved on a class-wide basis due to significant variability in the actual job functions performed by managers across different branch locations.

The court also rejected the plaintiff's proposed methodologies for calculating aggregate damages, which relied on computer log-in data and anonymous crowdsourced internet reviews.

The plaintiff brought a motion to certify a class proceeding against the defendant employer for unpaid overtime.

The proposed class included non-management employees subject to the defendant's overtime policy.

The court found that the pleadings disclosed valid causes of action in breach of contract, unjust enrichment, and negligence.

The court certified the action, finding that there was an identifiable class, common issues regarding systemic practices and aggregate damages, that a class proceeding was the preferable procedure, and that the plaintiff was an appropriate representative.