Jean-Marc Metrailler

The Court of Appeal for Ontario dismissed an appeal by the Attorney General of Canada from a certification order of a class action brought by immigration detainees.

Between May 2016 and July 2023, the Canada Border Services Agency placed approximately 8,360 immigration detainees in provincial and territorial prisons instead of Immigration Holding Centers.

The respondents challenged this practice as violating sections 7, 9, 12, and 15 of the Canadian Charter of Rights and Freedoms, and as constituting negligence.

The motion judge certified the class action, finding that the Charter and negligence claims disclosed reasonable causes of action and that common issues existed.

The appellate court upheld the certification, finding no palpable and overriding errors in the motion judge's analysis.

The plaintiffs brought a motion to certify a class action against Canada on behalf of immigration detainees who were incarcerated in provincial prisons.

The plaintiffs alleged that the practice of detaining immigration detainees in provincial prisons, where they are subjected to penal conditions such as co-mingling with criminal inmates, strip searches, and the use of restraints, violates sections 7, 9, 12, and 15 of the Charter and constitutes systemic negligence.

The court dismissed all of Canada's objections, finding that the pleadings disclosed reasonable causes of action, the class was identifiable, the common issues could be determined in common, a class action was the preferable procedure, and the representative plaintiffs were adequate.

The motion for certification was granted.

Class counsel sought approval of fees representing 25 percent of a $770,000 partial settlement, as well as disbursements.

The court approved the disbursements but declined to approve the requested 25 percent fee at this stage.

The court found the hourly rates used by counsel to be grossly excessive, distorting the value of docketed time.

Noting that the litigation remained in its procedural infancy after six years, the court fixed the fee award at $100,000 plus HST, without prejudice to counsel's right to seek additional amounts upon further settlement or completion of the certification motion.

The plaintiff in a class action sought court approval for a partial settlement agreement with the Kamaya defendants, who were accused of participating in a price-fixing conspiracy for linear resistors.

The settlement included a monetary payment and cooperation benefits for the plaintiff class.

The court, applying principles from the Class Proceedings Act, 1992, and relevant case law, found the settlement to be fair, reasonable, and in the best interests of the class, despite the monetary amount being at the lower end of the reasonable zone.

The decision emphasized the value of arm's-length negotiation, counsel's recommendation, and the strategic benefits of early cooperation from settling defendants in complex conspiracy litigation.

A paralegal who represented individual consumers in Small Claims Court actions against the defendants brought a motion seeking compensation from class counsel's fees following the settlement of a related class proceeding.

The paralegal argued that his independent efforts, including media interviews, pressured the defendants to settle and benefited the class, justifying payment on the basis of quantum meruit or unjust enrichment.

The court dismissed the motion, finding no contractual agreement between the paralegal and class counsel.

Furthermore, there was no evidence that class counsel requested, encouraged, or acquiesced to his efforts, nor any proof that his actions influenced the settlement.

The moving defendants sought a temporary stay of the plaintiff's certification motion pending the determination of a certification motion in a related price-fixing class action involving different electronic components.

The defendants argued that a stay would promote efficiency as the expert evidence and methodology were substantially similar in both actions.

The court dismissed the motion, finding that the actions involved different products, time periods, and parties, and that an indefinite delay would be unfair to the plaintiff class and contrary to the goals of judicial economy and access to justice.

The plaintiff in a proposed price-fixing class action regarding linear resistors brought motions to discontinue the action against six defendants and to certify the action for settlement purposes against the Kamaya defendants.

The court approved the discontinuance, finding no prejudice to the class as tolling agreements were in place and there was no evidence of the discontinued defendants' involvement in the conspiracy.

The court also certified the action for settlement purposes, approving an expanded class definition that included British Columbia purchasers to facilitate a comprehensive settlement with the Kamaya defendants.

This motion concerned the approval of class counsel's retainer agreement, fees, and disbursements following a partial settlement in a price-fixing class action.

The plaintiff class counsel sought approval for 25% of the settlement amount ($2.35 million) as fees, plus disbursements and interest.

The court reviewed the retainer agreements for compliance with the Class Proceedings Act, 1992, and assessed the reasonableness of the fees and disbursements based on established factors.

The court approved the retainer agreements and the requested fees and most disbursements, but declined to approve interest on disbursements at this stage, pending further developments in the ongoing litigation.

The plaintiff sought court approval for a class action settlement agreement with the Panasonic defendants in a price-fixing conspiracy action concerning linear resistors.

The settlement included a monetary payment of $2,350,000 and significant cooperation from the Panasonic defendants to assist in prosecuting the action against non-settling defendants.

The court approved the settlement, finding it fair, reasonable, and in the best interests of the class, considering the arm's length negotiations, the benefits of cooperation, and the risks of continued litigation.

However, the court rejected a proposed term in the draft order that would allow class counsel to use settlement funds for future disbursements, citing concerns about retainer agreements and counsel's financial risks.

The plaintiff brought motions to discontinue the action against an individual defendant, to certify the action as a class proceeding, and for partial summary judgment.

The court approved the discontinuance as it did not prejudice the class and secured the corporate defendant's consent to certification.

The court certified the class action against the remaining defendants, finding that the pleadings disclosed causes of action under the Consumer Protection Act and Competition Act, and that a class proceeding was the preferable procedure.

However, the court dismissed the plaintiff's motion for partial summary judgment, concluding that the nature of the relationship between the defendants and the interpretation of the statutory provisions raised genuine issues requiring a full trial.