Justin Smith

Following the successful certification of a class proceeding arising from a residential high-rise fire, the court determined the costs of the certification motion.

The plaintiffs sought over $435,000 in costs from the defendant, while the third parties sought their costs from the plaintiffs.

Applying the Pearson factors, the court awarded the plaintiffs $348,056.04 in costs against the defendant.

The court also found that the plaintiffs had drawn the third parties into the certification motion by amending the common issues, and ordered the plaintiffs to pay $45,200 in costs to the third parties.

The defendants Mercedes-Benz and Mitsubishi brought a motion to dismiss the proposed class action for delay pursuant to s. 29.1 of the Class Proceedings Act, 1992.

The plaintiffs argued that the court had discretion not to dismiss the action and that all defendants must join the motion.

The court held that s. 29.1 is mandatory and does not require all defendants to join.

The action was dismissed against the moving defendants, but the court exercised its jurisdiction under s. 12 to order that the dismissal be set aside if the plaintiffs file a complete certification motion record within thirty days.

The plaintiff brought a motion to certify a class action against FCA Canada Inc. (Chrysler Canada) regarding defective Takata airbags installed in its vehicles.

The plaintiff alleged negligence for pure economic losses associated with the dangerous product.

The court analyzed the certification criteria under s. 5 of the Class Proceedings Act, 1992.

The court found that the cause of action, identifiable class, common issues, and representative plaintiff criteria were met or could be met.

However, the court held that the preferable procedure criterion was not satisfied.

The court reasoned that Chrysler Canada's existing recall program was preferable to a class action, especially given the delay in prosecuting the action and the limited scope of recovery for pure economic loss under current tort law.

The certification motion was dismissed.

At a case management conference in a class proceeding, certain defendants requested a timetable for a motion to dismiss the action for delay under s. 29.1 of the Class Proceedings Act, 1992.

The plaintiffs sought to file material, conduct written interrogatories, or summons witnesses to explore why other defendants took no position on the motion.

The court denied the plaintiffs' request for interrogatories and cross-examinations, finding them unnecessary, irrelevant, and likely to breach privilege.

Exercising its case management powers under s. 12, the court directed the motion to proceed in writing without cross-examinations and set a timetable.

The court held a case conference to settle the terms of a certification order following a decision to certify a class action regarding alleged price-fixing of packaged bread.

The court reviewed competing draft orders and approved the producer defendants' draft with specific amendments, including adjustments to the definition of packaged bread, the class definition, and the retention of constructive trust as a common issue.

The plaintiffs brought motions for approval of a settlement, class counsel fees, and representative plaintiff honoraria in two class actions concerning defective Takata airbags installed in Mazda, Subaru, and Toyota vehicles.

The settlement provides for an outreach program, out-of-pocket expenses reimbursement, and a customer support program.

The court found the settlement to be fair, reasonable, and in the best interests of the class.

The court also approved class counsel fees of up to $5,850,000 and an honorarium of up to $19,167 to be split among the representative plaintiffs.