John Robert Edgar Archibald

On an uncertified proposed class proceeding arising from a pension fund’s loss on an FTX investment, the moving party sought leave to discontinue under s. 29(1) of the Class Proceedings Act, 1992, with agreed non-monetary disclosure commitments in the plan’s annual reporting and payment of class counsel fees and disbursements from the fund.

The court applied the discontinuance approval framework, including whether class interests would be prejudiced by abandonment of a viable claim and whether the result was a practical resolution in light of litigation risk.

The court found the class would not benefit from continued litigation on the record, accepted that the settlement terms were objectively reasonable, and held that non-monetary relief could constitute a positive settlement outcome.

The court also approved the reduced fee amount and disbursements as reasonable.

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 plaintiffs moved for court approval of a proposed settlement in a class action against Symantec Corporation concerning defective NortonTM-branded security software.

The settlement, valued at approximately $21.7 million, includes cash payments, free licenses, and discount codes for 640,000 Ontario class members.

After 7 years of litigation, discovery, and mediations, the parties reached an arm's length agreement.

The court approved the settlement, finding it fair, reasonable, and in the best interests of the class, despite a small number of objections.

The plaintiffs brought two motions: one alleging Ford's non-compliance with an approved class action settlement regarding exhaust odours in 2011-2015 Ford Explorers, and another seeking additional class counsel fees.

The court dismissed the non-compliance motion, finding no evidence that Ford breached its good faith obligations or that class members were deprived of proper repairs.

For the fees motion, the court awarded a modest additional amount of $75,000 plus HST, finding the initial request for $1.2 million excessive given the limited actual financial benefits to the class members from the settlement's reimbursement program.

The appellant brought a proposed class action asserting statutory claims for secondary market misrepresentation under Part XXIII.1 of the Securities Act and common law negligent misrepresentation against a foreign banking corporation.

The motion judge dismissed the statutory claim and stayed the common law claim, finding that Ontario courts lacked jurisdiction simpliciter and that Ontario was forum non conveniens.

The Court of Appeal dismissed the jurisdiction appeal but allowed the costs appeal in part, reducing the costs award from $1,000,455.22 to $800,000.

The court held that the common law test for "real and substantial connection" applies to the definition of "responsible issuer" under the Securities Act, and that the defendant did not have such a connection to Ontario merely because the plaintiff accessed disclosure documents from his home computer in Ontario.

The plaintiffs moved to certify a proposed product liability class action for settlement purposes and to approve a negotiated settlement and class counsel fees under the Class Proceedings Act, 1992.

The action alleged design and manufacturing defects in certain windows that permitted water penetration and caused wood rot and property damage.

The court held that the requirements for certification under s. 5(1) were met in the settlement context and that a class proceeding was the preferable procedure.

The proposed settlement, which provided compensation through a claims process or expedited arbitration and included no cap on total benefits, was found to be fair, reasonable, and in the best interests of the class.

The court also approved class counsel fees of $650,000 as reasonable in light of the risks and work undertaken.

Following a successful motion striking a punitive damages claim in a proposed securities class proceeding, the defendants sought partial indemnity costs of approximately $43,000.

The plaintiff argued that no costs should be awarded because the motion raised a novel point of law concerning the availability of punitive damages under Part XXIII.1 of the Securities Act.

The court accepted that the issue was legally novel and reasonably contested, noting that existing case law did not clearly resolve the question.

Exercising its discretion, the court held that fairness justified departing from the usual costs rule.

No order as to costs was made.

The plaintiffs sought leave under Part XXIII.1 of the Securities Act and certification of a proposed class proceeding alleging secondary market misrepresentation by a public issuer and its directors and officers in continuous disclosure documents.

They also requested approval to discontinue common law negligent misrepresentation and oppression remedy claims in favour of the statutory cause of action.

The court held that the plaintiffs met the statutory leave test by demonstrating good faith and a reasonable possibility of success at trial.

It further concluded that discontinuance of the common law and oppression claims would not prejudice class members because the statutory claim avoided reliance issues and certification difficulties.

The action was certified as a class proceeding, with identifiable class members, common issues, and a preferable procedure established.