Kathleen Urdahl

In a class proceeding arising from a major propane facility explosion, the plaintiffs sought to amend their statement of claim and certify claims against additional defendants associated with the ownership and leasing of the facility property.

The court considered whether the proposed amended pleading satisfied the s. 5(1)(a) requirement of the Class Proceedings Act by disclosing a reasonable cause of action.

Claims in strict liability and nuisance against the property-owning defendants were struck because the pleadings failed to meet the legal prerequisites and improperly characterized the alleged nuisance.

Negligence claims under the Occupiers’ Liability Act were also dismissed because the alleged damages occurred off the premises and the statute only applies to persons entering the premises.

However, the court held that the plaintiffs had properly pleaded a viable common law negligence claim based on the defendants’ alleged rights of control and failure to intervene in unsafe operations.

Certification against the remaining defendants proceeded solely on the basis of the common law negligence cause of action.

In a certified class proceeding arising from explosions at a propane facility, class counsel moved for an order restraining an insurer and its counsel from communicating directly with class members during the court‑approved opt‑out period.

The insurer’s counsel had sent letters stating the insurer would opt insured class members out of the class action and pursue their claims through a subrogated action.

The court held the communications were misleading, interfered with the solicitor‑client relationship between class counsel and class members, and violated the Rules of Professional Conduct.

The court reaffirmed that insureds retain control of litigation until fully indemnified for both insured and uninsured losses.

An order was made prohibiting the insurer and its counsel from communicating with affected class members without court approval or consent of class counsel during the opt‑out period.

The plaintiffs sought certification of a proposed class action arising from explosions at a propane facility in Toronto that allegedly caused personal injury, property damage, and evacuation of nearby residents.

The court considered the certification requirements under s. 5 of the Class Proceedings Act, 1992.

It held that the pleadings against certain landlord defendants failed to disclose a viable cause of action because the allegations relying on agency, single‑group enterprise, and alter‑ego theories lacked material facts capable of piercing the corporate veil.

Those pleadings were struck with leave to amend and the certification motion against those defendants was adjourned.

The proceeding was otherwise certified as a class action against the remaining defendants, with common issues approved and representative plaintiffs appointed.

The appellant insurer sought contribution from the respondent insurer for a $2.75 million settlement paid to a student injured at a university judo club.

Coverage under the respondent's policy depended on whether the club was a 'member club' of the provincial judo association at the time of the accident.

Although the club had not paid its annual fees, the Court of Appeal found that under the association's by-laws, membership continues until formal suspension or expulsion.

Since no such action was taken, the club remained a member, and the respondent's policy provided coverage.

The appeal was allowed.

The applicant was injured in a motor vehicle accident and received weekly income benefits for approximately 158 weeks before the insurer terminated them.

The applicant brought a motion for interim benefits pending a full arbitration hearing.

The arbitrator found that the applicant had established a persuasive case for entitlement based on uncontroverted medical evidence of a severe brain injury, which outweighed the insurer's surveillance evidence.

The arbitrator also found that the applicant demonstrated financial necessity, as his sole income was General Welfare Assistance and he faced eviction.

The motion for interim benefits was granted.