Hugh DesBrisay

At a case conference for a certified class action claiming $1.5 billion for understated fuel consumption, both parties had brought summary judgment motions.

Given the complexity of the case, which involves nearly two dozen expert witnesses and significant technical data, the court endorsed the parties' proposal to proceed with a 4-week hybrid trial rather than a 'trial in a box' summary judgment motion.

The plaintiff brought a last-minute motion to adjourn a virtual summary trial, arguing that credibility assessments and voluminous documents required an in-person hearing.

The court dismissed the motion, finding that virtual trials permit effective credibility assessments and electronic document management is efficient.

The court emphasized the strict limits on trial adjournments under the Consolidated Practice Direction and the necessity of proceeding virtually during the COVID-19 pandemic.

A case conference was held in a class action proceeding to address procedural matters.

The court approved the agreed-upon Notice Plan for the Notice of Certification.

Additionally, the court set a timetable for the plaintiff's upcoming summary judgment motion, granting the defendants until June 15, 2020, to serve their responding materials due to the complexity of the damages calculation and multijurisdictional analysis required.

The moving party, a car dealer, sought to set aside an interlocutory injunction preventing the transfer of a $1.5 million Ford GT 'super car'.

The plaintiffs alleged the moving party participated in a civil conspiracy to circumvent a 24-month restriction on the vehicle's resale.

The court dismissed the motion, finding no new facts or unforeseen change in circumstances since the injunction was granted, and held that the conspiracy claim raised triable issues inappropriate for determination on a motion to set aside an injunction.

The plaintiffs brought a motion to certify a class action for settlement purposes and to approve a national settlement regarding alleged exhaust leaks in certain Ford Explorer vehicles.

The court approved the discontinuance of claims regarding other Ford models, added a new representative plaintiff, and certified the class for settlement.

Finding the settlement fair, reasonable, and in the best interests of the class, the court approved the settlement, the notice plan, and honoraria for the representative plaintiffs.

The moving parties, plaintiffs in a parallel proposed class action in Saskatchewan, sought leave to intervene in the certification motion of an Ontario class action concerning the same subject matter.

The Ontario plaintiffs opposed the intervention.

The court held that while it had inherent jurisdiction to grant standing to intervene, the moving parties failed to show they would make a useful contribution to the certification motion.

The court found the intervention would likely delay proceedings and potentially prejudice a portion of the class.

The motion for leave to intervene was dismissed.