Joseph Chan

The Attorney General of Canada sought an order to compel the class action administrator (Epiq) to disclose contact information of "Unlawfully at Large" (UAL) claimants to law enforcement.

The class members, through their counsel, opposed this, arguing it was an improper use of class action administration powers and a violation of Charter rights, suggesting that the Criminal Code's production order process was the appropriate mechanism.

The court, in a joint decision from the Ontario Superior Court of Justice and the Superior Court of Québec, denied the Attorney General's broad request.

Instead, it granted a modified order, allowing disclosure only if the Attorney General first obtains a production order under s. 487.014 of the Criminal Code, thereby upholding the proper legal process for obtaining such information while acknowledging the Attorney General's good faith in bringing the motion.

The defendant Toronto Transit Commission brought a motion to compel the plaintiff Aldea to produce 18 documents listed in Schedule "A" of her affidavit of documents.

The plaintiff refused to obtain these documents without upfront payment from the TTC, arguing they were available at third-party offices.

The court found that by listing documents in Schedule "A", the plaintiff admitted their relevance and could not object to their production or impose terms.

The court reiterated that it is the plaintiff's responsibility to secure and produce documents relied upon in their claim at their own expense.

The motion was granted, and the plaintiff was ordered to obtain and produce the documents and pay costs to the TTC.