Judith Mozelle Midanik Manger

This decision addresses two class actions, Francis v. Ontario and Chandra v. Ontario, concerning administrative segregation of inmates in Ontario correctional facilities.

The court heard motions for approval of a settlement in Chandra and a comprehensive claims protocol (Francis/Chandra Protocol) for both actions.

The Protocol establishes a three-track claims program for distributing aggregate damages and assessing individual claims.

The court granted both motions, finding the settlement and protocol fair, reasonable, and in the best interests of the class members, commending counsel for their diligent and exemplary work in pursuing access to justice.

This appeal concerned the enforcement of letters rogatory issued by a California court in a divorce action, seeking financial disclosure from Canadian corporations and an individual.

The Ontario application judge granted the request, subject to minor refinements.

The appellants, corporate entities associated with the husband, argued procedural errors (lack of service) and substantive errors (wrong test applied, fishing expedition, burden of proof).

The Court of Appeal dismissed the appeal, affirming that the disclosure was relevant to family law obligations and not a fishing expedition, and that the application judge correctly applied the criteria for enforcing letters rogatory, including principles of comity and public policy.

The court also found that the documents were not otherwise obtainable given the husband's history of non-compliance.