class action

The decision concerns the certification and approval of a partial settlement in a class action regarding business interruption insurance for dentists, specifically Aviva’s “Triple Guard” policies marketed by CDSPI.

The court certified the class action for settlement purposes as against CDSPI and approved the settlement, finding that all statutory criteria were met and that the settlement was fair and reasonable.

The court also dismissed Aviva’s motion for a stay, holding that disclosure of the settlement was timely and that Aviva’s rights were not prejudiced by the settlement or its timing.

This decision concerns a class action brought by victims and families of the 2018 Danforth Avenue shooting against Smith & Wesson Corp., alleging negligence for failing to implement authorized user technology in its handguns.

The Court of Appeal for Ontario held that the plaintiffs’ negligence claim should proceed as a class action, finding that the claim disclosed a reasonable cause of action and that the certification judge erred by applying a merits-based test at the certification stage.

The court struck the strict liability and public nuisance claims, holding that Canadian law does not recognize such claims against product manufacturers in these circumstances.

The court approved the settlement and class counsel fees in a series of related class actions brought by investors in syndicated mortgage loans against Fortress Real Capital Inc., Fortress Real Developments Inc., and others, including the Sorrenti Defendants.

The settlement, representing approximately 82% of the available insurance, was found to be fair, reasonable, and in the best interests of the class.

The court certified the actions as class proceedings for settlement purposes and approved the distribution plan and counsel fees.

This decision certifies a class action against the Province of Ontario regarding the issuance of "Birth Alerts" by Ontario children's aid societies (CASs), but declines to certify the action against the CASs themselves.

The court finds that the claims against the CASs suffer from the "Ragoonanan problem"—the lack of a representative plaintiff with a claim against each defendant—and that the CASs acted independently, not collectively.

The action against Ontario, however, is certified on the basis of negligence and breaches of sections 7 and 15 of the Charter, as the Province had oversight authority and failed to act to stop the practice despite being able to do so.

The court sets out the certified class, common issues, and clarifies the preferable procedure for such claims.

The plaintiffs brought a motion to compel answers to refusals and questions taken under advisement from the examination for discovery of the defendants’ representative.

The court considered the scope of discovery in a class action, focusing on whether the questions related to certified common issues.

The court ordered answers to certain questions and refusals to others, based on relevance and proportionality to the common issues.

No costs were awarded, as both parties had almost equal success.

The court approved a $500 million settlement in a national class action concerning a price-fixing conspiracy in the packaged bread market, resolving claims against Loblaw Companies Limited and related entities.

The settlement includes a substantial damages payment, a distribution protocol for class members, and a cooperation agreement by Loblaw to assist in ongoing litigation against non-settling defendants.

The court also approved class counsel fees and the payout to a third-party funder, finding the settlement fair, reasonable, and in the best interests of the class.

The Court of Appeal for Ontario considered appeals and cross-appeals from a certification decision in a proposed class action regarding alleged defects in BMW vehicles equipped with N20 engines.

The court found that the certification judge erred in certifying causes of action for negligent design/manufacturing resulting in repair costs and in defining the class to include persons who incurred such costs.

The court held that neither of the proposed representative plaintiffs had a valid cause of action and set aside the certification order.

The plaintiffs moved to amend the Certification Order to permit a claim for punitive damages in a class action concerning PFAS contamination allegedly caused by the National Research Council of Canada.

The court reviewed new evidence suggesting the NRC knew or ought to have known about the contamination earlier than previously established.

The court held that the plaintiffs must first bring a motion to amend their pleadings before the Certification Order could be amended, adjourning the motion to add punitive damages as a common issue until that time.

The Court of Appeal for Ontario dismissed Shantanu Shirodkar’s appeal seeking to certify a class action against Coinbase Global, Inc. and its subsidiaries for alleged violations of securities laws.

The court upheld the motion judge’s findings that Ontario courts lacked jurisdiction over the non-Canadian Coinbase entities and that Ireland was the preferable forum for the claims, staying the action against Coinbase Canada as well.

The decision addresses the interpretation of forum selection clauses, the application of the “real and substantial connection” test, and the doctrine of forum non conveniens in the context of cross-border crypto-asset trading.

The plaintiff, Justin Ngan, brought a motion to partially discontinue his claim, amend his pleadings, and certify the action as a class proceeding regarding the calculation of holiday and vacation pay by The Bank of Nova Scotia.

The defendant consented to the motion.

The court granted the orders, finding the amendments and discontinuance reasonable and the class action appropriate for certification.

The class includes employees who received incentive or variable compensation, and the common issues focus on whether such compensation should be included in statutory pay calculations under the Canada Labour Code.

This costs endorsement addresses a motion in a proposed class action brought by self-represented plaintiffs seeking, among other things, an order that the Workplace Safety and Insurance Board (WSIB) pay their legal costs or that amicus curiae be appointed.

The court dismissed the plaintiffs’ motion and ordered the proceedings stayed pending compliance with Rule 15.01(1).

The successful defendants, WSIB and the Workplace Safety and Insurance Appeals Tribunal (WSIAT), sought costs.

The court reviewed the principles governing costs, found no reason to depart from the usual rule that costs follow the event, and ordered Mr. Taylor to pay $2,500 each to WSIB and WSIAT.

The Empowerment Council sought leave to intervene as a friend of the court in an appeal from the refusal to certify a proposed class action concerning psychiatric inpatients at Waypoint Centre for Mental Health Care.

The Court of Appeal dismissed the motion, finding that the proposed intervener’s submissions were largely duplicative of the appellants’ and would not usefully contribute to the resolution of the appeal without prejudicing the parties.

The Court of Appeal for Ontario dismissed Binance's appeal from the certification of a class action brought by Canadian investors who purchased cryptocurrency derivatives through Binance.

The court upheld the motion judge’s finding that the claim disclosed reasonable causes of action under both the Securities Act and at common law, and that the requirements for certification under the Class Proceedings Act were met.

The court rejected Binance’s arguments regarding the statutory and common law causes of action, the commonality of issues, and the appropriateness of class-wide remedies, finding no reversible error in the motion judge’s analysis.

This decision concerns a motion for pre-approval of a settlement in a national class action alleging price fixing in the packaged bread market in Canada.

The Ontario plaintiffs reached a $500 million settlement in principle with several defendants, including Loblaw Companies Limited and George Weston Limited, subject to court approval in both Ontario and Quebec.

The court approved the notice plan, opt-out and objection procedures, and the appointment of a settlement administrator, and set a hearing date for final approval.

The order amends the class definition and certification for settlement purposes only, and provides for the administration and notice of the settlement to class members.

The court approved a Notice Plan for a proposed settlement in a certified class action between Vecchio Longo Consulting Services Inc. and Aphria Inc. et al.

The Notice Plan, developed by class counsel and to be administered by RicePoint Administration Inc., was found to be fair, reasonable, and effective in providing adequate notice to class members regarding the settlement approval hearing and related matters.

The court confirmed that the plan met the requirements of the Class Proceedings Act, 1992, and ordered that the Notice Plan proceed as proposed.

The court dismissed the plaintiff’s motion to compel the discovery of Anna Shlimak, a former consultant to Cronos Group Inc., either as a corporate representative or as a non-party.

The court found that the plaintiff had not met the requirements under the Rules of Civil Procedure for examining a non-party or a second corporate representative, as there was no evidence that the information sought could not be obtained from the existing corporate representative, Michael Gorenstein, or that he was unwilling or unable to provide complete answers.

The court also noted that the plaintiff had voluntarily declined a further day of examination with Gorenstein.

The defendants’ offer to answer written interrogatories, including those requiring input from Shlimak, was found to be a reasonable alternative.

Costs of $10,000 were awarded to the defendants.

The court approved a settlement agreement in a class action concerning losses suffered by investors in a syndicated mortgage loan promoted by Fortress Real Developments Inc. and Fortress Real Capital Inc. The settlement, reached with FMP Mortgage Investments Inc. and related defendants, provides for a $3,000,000 payment to class members, representing a substantial portion of the available insurance.

The court also certified the action as a class proceeding for the purposes of the settlement, approved class counsel fees, and made ancillary orders to facilitate the administration of the settlement and protect the parties involved.

The plaintiff, Mohammad Reza Kamrani-Ghadjar, sought to discontinue his class action against Cidel Trust Company and Neo International Investments Ltd. in a securities misrepresentation case involving Anaergia Inc. The court approved the discontinuance with prejudice, finding no prejudice to the class or defendants, and ordered that notice be given to class members.

The court also granted procedural orders regarding factum length and amended the litigation timetable.

The court considered costs arising from the adjournment of a motion to remove Osler, Hoskin & Harcourt LLP as counsel of record for the Defendants.

The adjournment was necessitated by privilege issues raised in the Plaintiff’s reply affidavit, which referenced potentially privileged communications.

The Defendants sought full or substantial indemnity costs, arguing the adjournment was predictable and should not have required a full day’s hearing.

The court found that while the Plaintiff’s position had little merit, it was not taken in bad faith or with egregious conduct.

Costs were awarded to the Defendants on a partial indemnity scale in the amount of $66,658.81.

This decision concerns the costs arising from an application to enforce Letters Rogatory in a class action context.

The Applicants sought production of source code and deposition from Modiface Inc., a non-party to the underlying U.S. litigation.

The court ordered Modiface to provide compiled and obfuscated code and to submit to deposition, but limited the scope of production.

The decision addresses the appropriate quantum and basis for costs, ultimately awarding $150,000 all-inclusive to the Respondent, balancing the principles of indemnity, proportionality, and reasonableness.