Judith Manger

The plaintiff commenced a proposed class action alleging wrongful collection of personal information through the Tim Hortons and Burger King mobile applications.

Following a national settlement agreement approved by the Superior Court of Quebec, the parties consented to the dismissal of this Ontario action.

The court dismissed the proposed class action without costs.

Costs decision following the dismissal of the plaintiff's motion for an interlocutory injunction and the dismissal of the defendant XTM's cross-motion for summary judgment.

The court declined to award substantial indemnity costs to either party.

The court awarded net partial indemnity costs of $25,000 to XTM.

The court also awarded partial indemnity costs of $15,000 to amicus curiae representing the self-represented defendants, and $3,982.69 for disbursements incurred directly by the self-represented defendants.

The parties in a proposed class action reached a consortium agreement to seek certification of a national class in British Columbia.

A dispute arose over whether the Ontario action should be stayed permanently or conditionally.

The parties ultimately agreed to a consent order staying the action subject to further order of the court, but could not agree on costs.

The court found that both parties had credible arguments for being the successful party, as their positions were almost identical, and ordered each party to bear their own costs.

The plaintiff brought a motion to certify a class action against the manufacturers of COLD-FX products, alleging that representations that the products were 'proven by science' or 'clinically proven' to reduce cold and flu symptoms were false and misleading.

The court found that the plaintiff met all the requirements for certification under section 5 of the Class Proceedings Act.

The court held that the claims under the Consumer Protection Act, the Competition Act, and for unjust enrichment disclosed valid causes of action, as reliance is not required for these claims.

The court certified the class and the proposed common issues against Bausch Health Canada Inc. and Valeant Canada LP, finding that a class proceeding was the preferable procedure.

The plaintiff brought a motion for a mandatory interlocutory injunction against its former Chief Technology Officer and a competitor, seeking the return or destruction of alleged confidential information.

The competitor brought a cross-motion for summary judgment to dismiss the action against it.

The court dismissed the injunction motion, finding the plaintiff failed to establish irreparable harm or that the balance of convenience favoured granting the order, largely due to a 22-month delay in pursuing the motion.

The court also dismissed the summary judgment motion, finding genuine issues requiring a trial regarding the competitor's knowing involvement and the causation of the plaintiff's loss of a major client.

The defendants moved to stay the plaintiff's action for breach of a franchise development agreement, relying on an arbitration clause specifying Chicago as the venue.

The plaintiff opposed the stay, arguing that the defendants had no real presence in Chicago and that the forum was inconvenient and artificial.

The court granted the stay, applying the competence-competence principle and holding that in the era of virtual hearings, traditional forum non conveniens arguments are largely obsolete, as all locations are equally accessible online.