J. Wuthmann

At an initial case conference for a proposed class action, the court set a timetable leading up to a certification motion scheduled for April 2020.

The court also addressed concerns regarding limitation periods for cross-claims against defendants against whom the plaintiffs intended to discontinue their claims, ruling that serving a cross-claim tolls the limitation period even if it must later be reconstituted as a third-party claim.

In the context of CCAA proceedings for Sears Canada, the Monitor brought a motion to enforce a settlement agreement with several former landlords regarding the valuation of their claims.

The landlords disputed the Monitor's calculation of their claims under the agreed Landlord Claim Formula and sought disclosure of the underlying calculations.

The court held that the landlords were entitled to the disclosure and could dispute the calculations, but only using the sources permitted by the formula.

Additionally, the court ordered one landlord, Primaris, to repay $10,000 it had unilaterally withheld for legal fees when returning a mistaken payment.