J. Adam Dewar

The plaintiff sought certification of a proposed class action against an insurer relating to the performance of the Can‑Am segregated fund offered through multiple insurance contracts.

The plaintiff alleged breach of express or implied contractual terms requiring the fund to replicate the S&P 500 on a best‑efforts basis, as well as negligent misrepresentation in pre‑contract information folders.

The court held that only five insurance contracts contained an express “best‑efforts” term capable of supporting a breach of contract claim, and claims based on implied terms or collateral contracts were legally untenable due to statutory entire‑agreement provisions and the non‑contractual status of information folders.

Although negligent misrepresentation disclosed a cause of action, the court found that individual reliance, causation, and damages issues overwhelmed the common issues such that a class proceeding was not the preferable procedure.

Certification was therefore granted only for breach of express contractual terms for the five specified policy forms, subject to exclusion of statute‑barred claims.

The representative plaintiff in a certified class proceeding sought court approval of a proposed settlement under s. 29(2) of the Class Proceedings Act, 1992.

The action alleged that a private college failed to adequately disclose that its dental hygiene program lacked accreditation, delaying graduates’ eligibility to write licensing examinations.

After six years of litigation and two unsuccessful mediations, the parties reached a settlement providing $115,000 to be distributed among class members and a $60,000 contribution toward class counsel’s costs.

The court held that the settlement was fair, reasonable, and in the best interests of the class, despite a single objection concerning allocation.

The court also approved the negotiated contribution to class counsel’s fees given the significant litigation risk and modest recovery relative to counsel’s expenditures.