Gary Will

The plaintiff sought certification of a class action under section 5(1) of the Class Proceedings Act, 1992, alleging the defendant was grossly negligent in its response to the COVID-19 pandemic at Oakwood Park, a long-term care home.

The classes comprised residents and visitors who contracted COVID-19 and their family members during the period January 25, 2020 to May 5, 2023.

The defendant consented to certification.

The court found all five certification requirements satisfied, including cause of action, identifiable class, common issues supported by expert methodology on causation and damages, preferability of a class proceeding, and adequate representative plaintiffs with a workable litigation plan.

The appellant appealed a costs award of $300,000 made by the trial judge following a motor vehicle accident case.

The respondent was struck by a vehicle driven by the appellant while crossing a pedestrian crossing.

After a three-week jury trial, the jury awarded the respondent $24,166 in general damages and $26,000 in special damages for past income loss, with a net recovery of $16,160.50 after accounting for contributory negligence and statutory deductibles.

The trial judge awarded costs on a partial indemnity basis, finding the respondent was more successful at trial.

The appellant argued the costs award was wholly disproportionate to the modest recovery and that the trial judge erred in finding the respondent was more successful.

The Court of Appeal dismissed the appeal, upholding the costs award.

The plaintiff, Erwin Banfi, brought a motion for approval of a class action settlement and class counsel fees against multiple municipal and provincial defendants concerning alleged increased flood risk and reduced property values due to overdevelopment in Oakville.

The action, initially premised on property diminution, shifted focus due to difficulties in proving causation and quantifying individual damages.

The proposed settlement involved a $500,000 payment by defendants to the Intact Centre on Climate Adaptation for a flood education and protection program for class members, and class counsel fees of $495,000.

The court approved the cy-près settlement, finding it fair, reasonable, and in the best interests of the class, given the litigation's challenges and the material benefit provided to class members.

Class counsel fees and a $5,000 honorarium for the representative plaintiff were also approved.

The plaintiffs brought eight proposed class actions against various long-term care (LTC) home owners and operators in Ontario, alleging systemic negligence and gross negligence in their response to the COVID-19 pandemic.

The court considered whether the claims met the certification criteria under section 5(1) of the Class Proceedings Act, 1992, particularly in light of the statutory immunity provided by the Supporting Ontario's Recovery Act (SORA).

The court certified six of the actions against the main corporate groups, finding that the pleadings disclosed a viable cause of action in gross negligence and that a class action was the preferable procedure.

However, the court dismissed the certification motions against independently owned homes and municipalities due to the lack of a collective enterprise and missing representative plaintiffs.

The plaintiff was involved in a head-on motor vehicle collision caused by the defendants.

The defendants did not contest liability.

The trial focused on the extent of the plaintiff's injuries and damages.

The plaintiff claimed to have suffered a mild traumatic brain injury, chronic pain, and psychiatric injuries, rendering him unable to return to his employment as a Lead Hand electrician for the City of Guelph.

The defendants argued the plaintiff's injuries were exaggerated and that he could return to work with accommodation.

The court accepted the evidence of the plaintiff and his treating medical experts, finding that he suffered permanent and serious impairments, including cognitive deficits, vision and hearing issues, and chronic pain.

The court awarded the plaintiff $225,000 in general damages, $38,177.40 in special damages, $75,308 for past lost wages, $1,282,074 for future income loss, and $735,092 for future care costs.

The plaintiff's counsel sought an adjournment of a long motion brought by the defendant to dismiss a class action.

The adjournment was requested primarily due to the recent retention of outside counsel who was unavailable, among other reasons.

The court reluctantly granted the adjournment, criticizing plaintiff's counsel's conduct for causing needless delay and wasting judicial resources, but found it necessary to prevent irreparable prejudice to the plaintiff.

The court emphasized that retaining new counsel on the eve of a hearing will not constitute exceptional circumstances for future adjournments.

Costs of $10,000 were awarded against the plaintiff's counsel.

This motion concerned the certification of a class action arising from a fire at a self-storage facility.

The plaintiff sought to certify a class proceeding on behalf of tenants who lost property, claiming damages in contract, tort, and unjust enrichment.

The court certified the action, finding that four of the five certification requirements under the Class Proceedings Act, 1992 were met.

Most proposed common issues related to negligence, limitation of liability, assignment of leases, and punitive damages were certified, while issues regarding prejudgment interest and unjust enrichment for retained advance rental payments were not.

No costs were awarded due to the parties' cooperation and the substantial revision of issues.