James Sayce

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.

This was a consent motion for certification for settlement purposes in a class action.

The plaintiff, Adrian Chandra, sued the Ontario provincial government for negligence and breaches of sections 7 and 12 of the Charter regarding the operation and management of provincial correctional institutions from September 18, 2018, to August 18, 2021, specifically concerning administrative segregation (solitary confinement).

This action effectively continued the class period from a previous case, Francis v. Ontario.

A settlement agreement was reached, adding an additional $13 million in aggregate damages for class members and establishing a protocol for distribution and individual issue resolution.

The court found that all criteria for certification under s. 5(1) of the Class Proceedings Act, 1992, were satisfied and granted the motion.

The representative plaintiff sought approval of a class action settlement regarding 'defeat devices' in Mercedes Benz BlueTEC diesel vehicles.

The settlement, valued at approximately $530 million, included no-charge emission modifications, extended warranties, and cash payments.

The court approved the settlement as fair and reasonable, noting the risks of further litigation.

The court also approved $14 million in legal fees to be paid by the defendants and a $10,000 honorarium for the representative plaintiff.

The plaintiffs, in a class action against various hockey leagues and teams, brought a motion seeking an advance ruling on the admissibility of an Independent Review Panel (IRP) Report for their certification motion.

They also requested directions for cross-examinations of the IRP members, including the issuance of interprovincial summonses.

The court dismissed the requests for advance rulings on the admissibility of evidence and the conduct of cross-examinations, finding no precedent or jurisdiction for such preliminary determinations in civil proceedings.

However, the court granted the request for an interprovincial summons certificate, which the defendants did not oppose, allowing the IRP members to be cross-examined under normal rules of procedure.

The Law Foundation of Ontario brought a motion for directions regarding its statutory authority to administer the Class Proceedings Fund during the individual issues stage of a class action.

The court held that the Law Foundation has the statutory authority to provide litigation support and adverse costs protection for individual issues trials, but is not obliged to do so even if it funded the common issues stage.

Furthermore, the court determined that the Law Foundation's statutory levy applies to all recoveries, including individual issues judgments, regardless of whether it provides funding for that specific stage.

The plaintiff moved for approval of a $15 million settlement in a class action against Ontario concerning the practice of youth segregation in provincial youth justice facilities.

Class counsel also sought approval of a $4.05 million fee and a $15,000 honorarium for the representative plaintiff.

The court found the settlement to be fair, reasonable, and in the best interests of the class, noting the significant litigation risks regarding whether youth segregation amounted to unconstitutional solitary confinement.

The court approved the settlement, the counsel fees, and the honorarium.

The moving parties, who were inmates placed in administrative segregation after the opt-out deadline in a class action against Canada, brought a motion to opt out of the class action.

The motion became moot when the parties agreed to amend the class definition and provide a new opt-out period.

The moving parties sought costs for the unargued motion.

The court found that the motion was unnecessary because the moving parties were not class members to begin with, and ordered the costs of the motion to be in the cause of their external individual actions against Canada.

The plaintiff in a certified class action moved for an order approving the form, content, and distribution plan of short and long form notices to class members regarding a proposed settlement.

The court reviewed the motion record and granted the order as requested, noting the notice plan was similar to the one previously approved for certification.

The plaintiffs sought costs of $354,759.57 following a certification motion in a class action regarding allegedly defective water pumps in Ford vehicles.

The defendants argued that each party should bear their own costs due to the plaintiffs' limited success, as only one of fifteen causes of action was certified and the class size was significantly reduced.

The defendants also sought costs for their successful preliminary motion to strike evidence.

The court awarded the defendants $16,612.70 for the preliminary motion.

For the certification motion, the court found that a reduction in the plaintiffs' costs was justified to discourage overinclusive class membership, awarding the plaintiffs $197,750 in fees payable forthwith and $97,537.56 in disbursements payable in the cause.

The Ontario Superior Court of Justice and the Superior Court of Québec issued a joint decision in three related class actions against the Attorney General of Canada.

Following the approval of a Distribution and Individual Issues Protocol, the parties sought approval for minor typographical corrections and various translated administrative documents, including notice forms and claim forms.

The courts approved the corrections and the submitted documents, and directed the parties to submit the claims administrator's terms of appointment once finalized.

On a motion in a prisoner segregation class proceeding, the court approved class counsel’s contingency fee agreement, a $7.5 million class counsel fee plus HST, the statutory levy payable to the Class Proceedings Fund, and a $15,000 honorarium for the representative plaintiff.

The court held that the litigation was extraordinarily risky, legally and factually complex, and had produced a very substantial result, including a $30 million aggregate damages award that had been upheld on appeal.

Applying class action fee approval principles, the court found the reduced 25% fee request fair and reasonable.

Applying the exceptional contribution framework for representative plaintiff honoraria, the court found the representative plaintiff’s leadership and assistance instrumental to the class’s success.

The plaintiff, an Indigenous individual, brought a motion to certify a class action against the RCMP for systemic negligence, breach of fiduciary duty, and breaches of sections 7 and 15 of the Charter.

The proposed class includes all Aboriginal persons who allege they were assaulted while being held in custody or detained by RCMP officers in the Territories.

The Federal Court granted the motion for certification conditionally, finding that the pleadings disclosed a reasonable cause of action and that the other certification criteria were met, subject to the substitution of the representative plaintiff.

The parties in three related class actions regarding administrative segregation in federal penitentiaries sought court approval for a revised Distribution and Individual Issues Protocol, notices, and forms.

The courts approved the documents but revised the proposed opt-out procedure to ensure that all putative class members detained in administrative segregation after December 12, 2016, who had not previously had an opportunity to opt out, were granted a first-time opportunity to do so.

The plaintiffs sought to certify a $1.1 billion class action against Ford Motor Co. alleging that certain vehicles contained a defective internal water pump that could cause catastrophic engine failure.

The court analyzed the claims under the Class Proceedings Act, 1992.

Applying the Supreme Court's decision in Maple Leaf Foods, the court struck the claims for pure economic loss for class members whose water pumps had not yet failed, finding no imminent danger.

The court also refused to certify the breach of contract, consumer protection, and unjust enrichment claims.

The court certified the action solely for design negligence for class members who actually experienced a water pump failure resulting in property damage or personal injury.

In a proposed class action regarding allegedly defective water pumps in Ford vehicles, the defendants brought a preliminary motion to strike portions of an affidavit filed by the plaintiffs' proposed class counsel.

The affidavit attached unverified online complaints from a U.S. database.

The court granted the motion to strike, finding that the complaints were inadmissible hearsay and that their prejudicial effect outweighed any minimal probative value they might have had for imputing knowledge of the defect to the defendants.