James Sayce

The plaintiff discontinued a proposed class action against the defendant, a discount brokerage firm, after the certification motion was adjourned.

The defendant sought costs for defending itself against the certification motion.

The plaintiff argued the costs were excessive and should be apportioned among the multiple defendants originally sued.

The court awarded costs to the defendant on a partial indemnity basis, reduced by approximately 25% to account for access to justice concerns in class action litigation.

The appellants sought certification of a proposed class action on behalf of approximately 15,000 Canadian major junior hockey players from 1975 to the present, alleging systemic abuse including physical and sexual assaults, bullying, harassment, and hazing.

The class action named 78 defendants across four major junior hockey leagues and sought to hold the leagues and teams liable for systemic negligence in failing to adopt and enforce effective abuse-prevention policies.

The motion judge denied certification, finding the action unmanageable due to its unprecedented scope and complexity, and that no viable litigation plan had been presented.

The appellants appealed on three grounds: that they had disclosed a viable cause of action, that common issues existed, and that the class action was the preferable procedure.

The Court of Appeal dismissed the appeal, finding that while the appellants had viable claims and the motion judge applied an overly stringent test to the common issues requirement, the action was unmanageable and therefore not the preferable procedure.

The court emphasized that the proposed class action was far broader and more complex than previous systemic negligence class actions, involving 78 defendants across 13 jurisdictions, events spanning 50 years, and complex conflicts-of-law issues.

The appellants' attempt to fundamentally alter their case on appeal by dropping 74 defendants was rejected as impermissible.

This decision concerns a motion to quash an appeal of a "Transition Order" that converted a proposed class action into multiple joinder actions.

The moving parties (defendants) argued the Transition Order was interlocutory and thus appealable only to the Divisional Court with leave.

The responding parties (plaintiffs) contended the order was final in some aspects or, alternatively, so interrelated with other appeals (refusal of class certification and dismissal of action against certain parties) that the Court of Appeal should hear it under s. 6(2) of the Courts of Justice Act.

The Court of Appeal denied the motion to quash, finding a significant interrelationship between the appeals, which meant leave would have inevitably been granted, allowing the Court of Appeal to assume jurisdiction.

Five bellwether individual issues trials were heard as summary judgment motions to determine whether class members who were placed in administrative segregation in federal penitentiaries were entitled to additional compensatory damages beyond their share of the aggregate damages award.

The court assessed the idiosyncratic harm suffered by each plaintiff, taking into account their pre-existing mental health conditions and other stressors.

The court awarded additional compensatory damages to three plaintiffs ($50,000, $25,000, and $75,000) who proved that their time in segregation caused specific, additional harm.

The claims of the other two plaintiffs were dismissed as they failed to prove causation.

The court declined to award punitive damages in any of the cases.

This is Part 10 of a series of joint decisions in multi-jurisdictional class actions (Ontario and Quebec).

Class Counsel sought further revisions to the Distribution and Individual Issues Protocol (DIIP), specifically to increase the $6,000 costs cap for Track 2 claims to $12,000, and to add a clause about Rule 49 of the Rules of Civil Procedure applying to Track 2/3 claims, and to apply ordinary costs rules for contested Track 2 motions.

The court approved the latter two unopposed requests but denied the request to increase the costs cap, emphasizing proportionality and the need to simplify procedures rather than increase costs.

This decision, Part 9 of a series in a multi-jurisdictional class action, addresses bitterly contested motions by both the Attorney General of Canada and Class Counsel to revise the Distribution and Individual Issues Protocol (DIIP).

The dispute centered on the scope of reply position statements for Track 2 claims.

Canada sought to limit replies strictly to mitigating factors and causation rebuttal, while Class Counsel argued for broader replies to new issues raised by Canada.

The court denied both parties' specific requests, instead directing a revision to allow Canada a right of sur-reply if a claimant files a reply, and imposing an increased payment to the Manager/Expert in such instances.

The ruling aims to ensure fair, efficient, and proportionate litigation while discouraging procedural abuses by either party.

In a consolidated class action, Class Counsel sought partial indemnity costs for their work on a Distribution and Individual Issues Protocol (DIIP).

The court dismissed the motion, finding that the costs for DIIP development had been prepaid as part of prior counsel fee approvals.

The decision emphasized that DIIP creation is a necessary and collaborative aspect of class proceedings, not an event warranting additional 'success' costs, and clarified that prior judicial statements about future payments referred to costs already accounted for.

The plaintiffs in three related class actions regarding administrative segregation brought a consent motion to vary the Distribution and Issues Protocol to address late claims.

The Ontario Superior Court of Justice and the Superior Court of Québec jointly approved the consent order, granting leave for certain class members to file late claims and setting out the process for distributing compensation to those claimants.

The parties appeared before the court to settle the terms of an Order approving a Section 7 Plan under the Class Proceedings Act, 1992, following the dismissal of a certification motion.

The court resolved three minor disputes regarding the form and content of the Order.

The court declined to immediately name Epiq as the Administrator, allowed class counsel to receive potential plaintiffs' contact information to facilitate notice, and agreed with the defendants that the Order should refer to a 'section 7 Plan' rather than an 'individual issues protocol'.

This decision concerns Phase 4 of a motion to settle a Section 7 Order under the Class Proceedings Act, 1992.

The original proposed class action, brought by former and current major junior hockey players alleging abuse, was not certified.

The Section 7 Plan aims to transition the proposed class action into up to 60 individual joinder actions.

The court approved Version 4 of the Draft Section 7 Plan, which outlines procedures for notice, opt-in, commencement of actions, case management, and discovery.

A key contentious issue resolved in this phase concerned the staying of third-party claims until the completion of the main actions.

This decision is Phase 3 of a motion to settle a Section 7 Order under the Class Proceedings Act, 1992.

The court is finalizing the Draft Section 7 Plan, which facilitates the transition of a proposed class action, previously denied certification, into up to 60 individual joinder actions against various hockey leagues and teams.

The plan addresses notice dissemination, the approval of contingency fee agreements, the management of third-party claims by staying them under Rule 29.09 of the Rules of Civil Procedure, and the potential for severance of actions.

The court also proposes a consensual settlement track for modest claims as an alternative to litigation.

This decision addresses two class actions, Francis v. Ontario and Chandra v. Ontario, concerning administrative segregation of inmates in Ontario correctional facilities.

The court heard motions for approval of a settlement in Chandra and a comprehensive claims protocol (Francis/Chandra Protocol) for both actions.

The Protocol establishes a three-track claims program for distributing aggregate damages and assessing individual claims.

The court granted both motions, finding the settlement and protocol fair, reasonable, and in the best interests of the class members, commending counsel for their diligent and exemplary work in pursuing access to justice.

The plaintiffs brought a motion to settle a Rule 7 Order pursuant to the Class Proceedings Act, 1992, following the dismissal of their certification motion for a proposed class action regarding systemic abuse in amateur hockey.

The court reviewed and settled the revised Draft Section 7 Plan, which transitions the proposed class action into up to 60 joinder actions against the defendant hockey teams and leagues.

The court approved the notice plan, opt-in procedures, and case management provisions, with minor revisions to protect player privacy and ensure efficient administration.

The applicant, a self-represented prisoner and class member in a class action regarding administrative segregation, brought a motion seeking to challenge and amend the court-approved Distribution and Individual Issues Protocol.

The court dismissed the motion, finding that the applicant lacked standing to seek amendments as he had not opted out of the class action and was bound by the outcomes negotiated by representative plaintiffs.

Furthermore, the court noted that the applicant's recent placement in administrative segregation occurred after the class period had closed, placing it outside the scope of the class action, and that his criticisms of the protocol were based on a misunderstanding of its revisions.

Following the dismissal of a proposed class action regarding systemic abuse in the Canadian Hockey League, the plaintiffs brought a motion under section 7 of the Class Proceedings Act, 1992 to approve a plan to transition the proceeding into multiple joinder actions.

The court reviewed the competing Section 7 Plans submitted by the plaintiffs and defendants and found both to be procedurally flawed and overreaching.

The court proposed its own Draft Section 7 Plan designed to facilitate the commencement of up to 60 joinder actions while respecting the court's jurisdictional limits and the parties' procedural rights.

The motion was adjourned to a second phase for the parties to revise and discuss the court's draft plan.

This is Part 6 of a joint decision concerning the ongoing administration of multi-jurisdictional class actions (Ontario and Quebec) against the Attorney General of Canada regarding administrative segregation.

The parties brought a joint, consensual motion to amend sections 10.1 and 11.2 of the Distribution and Individual Issues Protocol.

The amendments aim to resolve issues arising from "BRG Crossover" claimants (those with placements in both Ontario and Quebec) and misallocated claimants, by allowing claimants to elect the court (Ontario or Quebec) that will review their claims, provided there is a connection to that jurisdiction.

The court approved the amendments, finding them to be in the best interests of class members and conducive to cost-effective and expeditious claim determination.

This is Part 7 of a joint decision by the Ontario Superior Court of Justice and the Superior Court of Québec concerning multi-jurisdictional class actions (Brazeau, Reddock, Gallone).

The decision addresses a consensual motion by the parties to streamline the payment process for "Track 2, Box 1 only Claims" under the previously approved Distribution and Individual Issues Protocol.

The courts approved an order confirming that payments to class members, class counsel, and the Class Proceedings Fund will be made periodically (every 75 days after a cut-off date) without requiring further motions for confirmation, thereby enhancing judicial economy and access to justice.

The plaintiffs, former major junior hockey players, brought a proposed class action against the Canadian Hockey League, its three member leagues, and 60 individual teams, alleging systemic negligence, breach of fiduciary duty, and vicarious liability for widespread hazing, bullying, and abuse.

The out-of-province defendants brought a motion challenging the court's jurisdiction, which was dismissed as the court found they carried on business in Ontario.

The defendants also brought a Ragoonanan motion, which was granted because the representative plaintiffs only had personal causes of action against five of the 60 teams.

The court dismissed the certification motion, finding that the claims failed the cause of action, common issues, preferable procedure, and representative plaintiff criteria, primarily because there was no basis for collective liability among the independent teams.

However, the court utilized sections 7, 12, and 25 of the Class Proceedings Act to permit the action to continue as individual joinder actions, ordering the plaintiffs to prepare an Individual Issues Protocol.

The plaintiffs brought a motion to certify a class action against seven discount brokers, alleging that their receipt of mutual fund trailing commissions prior to the 2022 prohibition was illegal.

The court found that the plaintiffs failed to satisfy the 'some evidence' requirement to show that the practice contravened applicable Canadian securities law.

The evidence filed by the plaintiffs themselves demonstrated that the practice, while controversial, was not illegal before the regulatory amendments took effect.

The motion for certification was dismissed.

The parties in three related class actions regarding administrative segregation sought the courts' approval for consensual amendments to the Distribution and Individual Issues Protocol.

The amendments aimed to streamline the claims process, implement an estates protocol, adjust damages calculations, and expedite the payment of aggregate damages to eligible class members.

The Ontario Superior Court of Justice and the Superior Court of Québec jointly approved the proposed amendments, finding them to be in the best interests of the class members and the most efficient means of adjudicating individual issues.