Jill Mettie Lawrie

The plaintiff, Dr. Darryl Gebien, sought court approval for a Third-Party Funding Agreement with Omni Bridgeway Ltd. for a proposed class action against numerous pharmaceutical companies regarding the opioid crisis.

Several defendants objected to specific provisions of the agreement, including those related to amendments, assignments, attornment, costs enforcement, termination procedures, accrued costs, and confidentiality.

The court found that while the agreement generally met the requirements for approval, several of the defendants' objections, particularly concerning comprehensive attornment by Omni Bridgeway Ltd. and the broad confidentiality provisions, were "genuinely meaningful" and required resolution.

The motion for approval was adjourned to allow the parties to address these issues, with the court emphasizing that it is not its role to draft the agreement.

This appeal concerned a certified class action against Ford Motor Company regarding allegedly false or misleading fuel consumption estimates on EnerGuide labels and in marketing materials for 2013 and 2014 vehicles.

The class action alleged breaches of the federal Competition Act and provincial consumer protection legislation.

The Court of Appeal upheld the motion judge's dismissal of the class action, finding that Ford complied with mandatory federal guidelines for fuel consumption testing (2-Cycle Test) and that the representations were not false or misleading.

The court also addressed the "credulous and inexperienced consumer" standard, noting its applicability varies by statute, and found no deceptive non-disclosure.

This certified class action concerned allegations of misleading advertising by Ford regarding fuel consumption estimates on EnerGuide labels for 2013 and 2014 model year vehicles, claiming breaches of the federal Competition Act and provincial consumer protection statutes.

Both parties brought cross-motions for summary judgment.

The court dismissed the plaintiff's claims, finding no contravention of the Competition Act due to Ford's compliance with federal guidelines and a lack of evidentiary support for a misleading general impression.

While provincial consumer protection laws allow for non-disclosure claims, the court found no legal obligation for Ford to provide additional disclosures (a "Second Label") beyond the EnerGuide Label and the referenced Fuel Consumption Guide, as there was no evidence that car buyers were deceived.

The defendants' cross-motion for summary judgment, dismissing the class action, was granted.

The plaintiff sought certification of a class action against Ford Motor Company and related entities, alleging false, misleading, or deceptive representations regarding the fuel consumption of 2013 and 2014 model year vehicles.

The claim, for $1.5 billion, was based on violations of the Competition Act and the Consumer Protection Act, asserting that Ford understated fuel consumption by using an outdated 2-Cycle Test instead of the more accurate 5-Cycle Test.

The court certified the action, finding that the pleadings disclosed viable causes of action, there was an identifiable class, common issues existed, a class proceeding was the preferable procedure, and the representative plaintiff was suitable.

The court approved a $7.5 million settlement in a national class action alleging defective organic roofing shingles manufactured and sold by the defendants.

The settlement provides compensation to class members based on a point system reflecting warranty benefits received and qualifying damage.

The court considered the likelihood of success, litigation duration, settlement terms, and objections, finding the settlement fair, reasonable, and in the best interests of the class, despite individual members' higher repair cost expectations.

Class counsel's fees and disbursements were also approved.

The representative plaintiff brought a motion seeking approval of a class action settlement and class counsel fees under s. 29 of the Class Proceedings Act, 1992.

The underlying action alleged that a credit card issuer charged cash advance fees and interest that could produce an effective annual interest rate exceeding the criminal interest threshold under s. 347 of the Criminal Code.

After nearly nine years of litigation and mediation, the parties agreed to an $8 million settlement fund, including cy près distribution to the Law Foundation’s Access to Justice Fund and account credits for qualifying cardholders with open accounts.

The court found the settlement fair, reasonable, and in the best interests of the class, approving the settlement and class counsel fees but declining to award an honorarium to the representative plaintiff.

A certified class proceeding alleged that a manufacturer negligently designed, tested, marketed, and monitored mechanical heart valves coated with a silver-based antimicrobial surface.

The plaintiffs argued that the coating impaired tissue healing and increased the risk of complications including paravalvular leak, thromboembolism, and death.

After an extensive common‑issues trial involving scientific, epidemiological, and regulatory evidence, the court found the manufacturer exercised reasonable care in product design, testing, and post‑market surveillance.

The court concluded that the coating did not adversely affect tissue healing and did not materially increase the risk of most alleged complications, except for a temporary increase in paravalvular leak risk in the early post‑implant period.

Because negligence and causation were not established, the class action was dismissed.