Isabelle Anne Crew

The plaintiffs brought a motion on consent for a partial judgment to give effect to a settlement agreement regarding past annuities payable under the Robinson Huron Treaty of 1850.

The settlement resolves claims that the Crown failed to fulfill its promise to augment the annuity over time.

Under the agreement, the federal and provincial Crowns will pay $10 billion to the plaintiffs.

The court approved the settlement agreement and granted the partial judgment.

This motion sought approval for the notice of certification and notice plan in a class proceeding concerning toxic mold in housing on Long Lake No. 58 First Nation's reserve.

The court approved the proposed notice, finding it clear and easy to understand, and the opt-out procedure straightforward.

The court also approved the notice plan, which included delivery by mail, posting on Facebook, and at community offices, and confirmed that notice only in English was appropriate given the class members' language.

The representative plaintiff, Narcise Alex Kakegabon, brought a motion to vary the certification order in a class proceeding concerning toxic mould on Long Lake No. 58 First Nation's reserve.

The motion sought to remove Kim Orr Barristers P.C. as class counsel and appoint Turan Law Office P.C. as new class counsel, along with ancillary relief.

The plaintiff cited a loss of confidence in the previous counsel due to lack of progress, noting that approximately half of the class members had passed away since certification.

The court, applying the principles from Fantl v. Transamerica, considered the competence of the proposed counsel, the propriety of the choice, and potential prejudice to the class.

Neither the defendant nor the previous class counsel opposed the motion.

The court found no concerns regarding the proposed counsel's competence or the plaintiff's choice, and no prejudice to the class.

The motion was granted.

The appellant physician appealed a decision of the Health Professions Appeal and Review Board confirming the revocation of his hospital privileges at Windsor Regional Hospital.

The hospital revoked his privileges due to his disruptive behaviour and refusal to comply with a new 'Model of Care' for renal patients.

The Divisional Court dismissed the appeal, finding that the Board's reasons were sufficient and that there was ample evidence of the appellant's disruptive conduct, which undermined the hospital's policies and staff, justifying the revocation of his privileges.

The appellant appealed the dismissal of its claim for breach of restrictive covenants in its contracts with the respondent independent contractors.

The trial judge had found the covenants were not brought to the attention of the respondents, were unenforceable, and that damages were not proven.

Because the appellant did not appeal the finding concerning damages, the Court of Appeal found no basis to set aside the trial judge's order and dismissed the appeal.