Jessica Fullerton

The court dispensed with the requirement for litigation guardians residing in China to file affidavits in support of court approval motions for settlements involving parties under disability, due to legal and logistical barriers under Chinese law.

The decision reviews the collaborative resolution of liability and settlement issues following a major motor coach accident, the apportionment of limited insurance funds, and the purpose of the court approval process under Ontario law.

The court found that requiring affidavits would be disproportionate and unnecessary, and that the interests of justice are served by waiving the requirement.

The plaintiffs brought a motion to approve a $13,375,000 settlement in a class action against a fertility doctor who allegedly used incorrect genetic material, including his own, during artificial insemination procedures.

The court found the settlement to be fair, reasonable, and in the best interests of the class members, noting the novel legal issues and the emotional toll of continued litigation.

The court also approved class counsel's 25% contingency fee of $3,343,750, recognizing the significant risk, time investment, and successful outcome achieved.

Two Requests for Directions were brought under the Indian Residential Schools Settlement Agreement (IRSSA).

The claimant, M-23620, sought directions to have her Actual Income Loss (AIL) claim determined by the court after an IAP Adjudicator issued an interim decision awarding compensation for other harms but leaving the AIL claim undecided.

Canada sought a review of the Adjudicator's interim decision and opposed the bifurcated procedure.

The court held that the bifurcated procedure established in the Kelly line of cases applies, allowing the AIL claim to proceed as a regular action in the Superior Court.

The court also held that Canada is entitled to pursue a review of the Adjudicator's decision concurrently with the court action.

Two Requests for Directions were brought under the Indian Residential Schools Settlement Agreement (IRSSA).

The claimant, M-23620, sought directions to have her Actual Income Loss (AIL) claim determined by the court after an IAP Adjudicator issued an interim decision awarding compensation for other harms but leaving the AIL claim undecided.

Canada sought a review of the Adjudicator's interim decision and opposed the bifurcated procedure.

The court held that the bifurcated procedure established in the Kelly line of cases applies, allowing the AIL claim to proceed as a regular action in the Superior Court.

The court also held that Canada is entitled to pursue a review of the Adjudicator's decision concurrently with the court action.

Following a trial on liability for a motor vehicle accident where the deceased driver was found 80% responsible and the City of Ottawa and its bus driver 20% responsible, the court determined the costs payable to the successful plaintiffs.

The plaintiffs sought over $811,000 in costs and disbursements.

The court reviewed the factors under Rule 57.01, including proportionality, the complexity of the case, and the results achieved.

The court reduced the plaintiffs' claimed costs due to excessive hourly rates for students/paralegals, duplication of effort, and excessive time spent on certain stages.

The court awarded the plaintiffs $527,065.25 in fees and $143,531.25 in disbursements.

Additionally, the court granted a Sanderson Order requiring the unsuccessful defendants to pay the costs of the successful defendant insurer directly.

The plaintiffs were injured when the SUV they were passengers in ran a red light and was struck by an OC Transpo bus.

The driver of the SUV was killed and admitted to be primarily at fault.

The plaintiffs sued the bus driver and the City of Ottawa, alleging the bus driver was also negligent.

The court found that the bus driver, despite having the right of way, owed a duty of care to avoid the collision.

The court held that the bus driver breached the standard of care of a professional driver by speeding, failing to adjust his driving for the snowy and slushy road conditions, and momentary inattention.

Relying on expert accident reconstruction evidence, the court concluded that but for the bus driver's negligence, the accident could have been avoided.

Liability was apportioned 80% to the SUV driver and 20% to the bus driver.