Josh Hanet

The plaintiff sought to certify a class action against an endoscopy clinic and its operator following a public health notice regarding infection control lapses.

The notice advised former patients to be tested for blood-borne diseases.

The plaintiff, who tested negative, sought compensation for exposure to enhanced risk of infection, shock, trauma, and inconvenience.

The court found that the claims raised genuine common issues, including duty of care, standard of care, and foreseeability of harm.

The court also determined that a class proceeding was the preferable procedure for resolving the claims of the 6,800 affected individuals.

The certification motion was granted.

The plaintiffs brought a motion for the approval of a settlement in three consolidated class actions against three immigration lawyers for professional negligence.

The class members were Roma refugee claimants from Hungary whose applications failed or did not proceed while represented by the defendants.

The court approved the settlement of $500,000 in damages and $50,000 in costs, finding it fair, reasonable, and in the best interests of the class.

The court also approved class counsel fees of $181,500 and a $2,500 honorarium for the representative plaintiff.

The plaintiff brought a motion to certify a class action against the defendants, who operated an endoscopy clinic where an infection control lapse occurred.

The proposed class included patients who underwent procedures between 2002 and 2011.

Despite extensive public notification by public health authorities, the plaintiff could only identify one other potential class member, whose medical issues lacked expert evidence linking them to the clinic.

The court dismissed the certification motion, finding that the plaintiff failed to establish some basis in fact for the existence of an identifiable class of two or more persons.

The defendants brought a motion to strike a news release of the College of Physicians and Surgeons of Ontario Committee decisions that the plaintiffs sought to introduce at a certification motion.

The document was inadmissible under the Regulated Health Professionals Act.

The plaintiffs refused to withdraw the document until the eve of the hearing.

The court found the plaintiffs' conduct unreasonable and awarded the defendants $2,500 in partial indemnity costs for the motion.