G. Myers

Following the dismissal of the plaintiffs' appeal from the dismissal of their certification motions in two proposed class actions, the parties consensually resolved the issue of costs.

The Divisional Court ordered costs payable by the plaintiffs/appellants to the various defendants/respondents in the total amount of $92,500, inclusive of fees, disbursements, and HST.

The plaintiffs appealed the dismissal of their certification motions in two proposed class actions arising from a privacy breach at two hospitals.

Rogue hospital employees accessed the contact information of maternity patients and sold it to RESP salespeople.

The Divisional Court upheld the motions judge's finding that the accessed information (names, addresses, phone numbers, and basic hospital visit details) was personal but not highly private, and that the intrusion would not be regarded by a reasonable person as highly offensive causing distress, humiliation, or anguish.

Although the motions judge erred in his class definition, the appeal was dismissed because the elements of the tort of intrusion upon seclusion were not met.

Two organizations sought leave to intervene in a certification motion for a class proceeding brought on behalf of former residents of provincial training schools.

The plaintiff opposed the intervention.

The court dismissed the motion, finding that neither organization would provide assistance to the court at the certification stage beyond what the parties and past jurisprudence would bring.

The court noted that concerns regarding notice, participation, and compensation could be addressed by crafting an appropriate notice if the action is certified.

The plaintiffs sought leave to appeal a motion judge's decision that refused to strike out several paragraphs of the defendant's statement of defence.

The underlying action involved the recognition and enforcement of a $9.5 billion Ecuadorian judgment.

The defendant pleaded defences of fraud, public policy, and lack of natural justice, alleging the foreign judgment was ghostwritten and obtained through bribery.

The Divisional Court dismissed the motion for leave to appeal, finding no conflicting decisions and no good reason to doubt the correctness of the motion judge's order, as the pleaded defences were recognized in law and not plainly and obviously bound to fail.

In a proposed class proceeding on behalf of Crown wards allegedly physically or sexually abused before and/or during wardship, the court considered whether the pleading disclosed causes of action in negligence and breach of fiduciary duty against the provincial Crown.

Applying the plain and obvious test on a motion to strike, the court held it was arguable that the Crown, as statutory guardian, owed a private law duty of care analogous to that of a parent and that its obligations could extend to protecting the wards' legal rights, including advising them of claims, preserving evidence, and considering litigation.

The court also held it was not plain and obvious that no fiduciary duty could arise, given the statutory parental relationship and the vulnerability of Crown wards.

The plaintiffs satisfied the cause of action requirement under s. 5(1)(a) of the Class Proceedings Act, 1992, and the defendant's motion to strike was dismissed.

The applicant union sought certification without a representation vote under section 8 of the Labour Relations Act, alleging contraventions by the respondent employer.

During the hearing, the parties reached a settlement and filed Minutes of Settlement.

The Board accepted the settlement, found the applicant to be a trade union, defined the appropriate bargaining unit, and directed that a representation vote be taken.

The Board also ordered the respondent to post a notice to employees regarding their rights under the Act and the terms of the settlement.