Laura Clerk

The plaintiff moved to certify a class action against the defendants regarding their practice of automatically renewing residential mortgages at maturity into six-month closed terms at higher posted rates.

The plaintiff alleged this practice breached section 8 of the Interest Act, breached the standard form contracts, and constituted unjust enrichment.

The court found that the pleadings disclosed viable causes of action, including that the automatic renewal could trigger 'arrears' under the Interest Act.

The court certified the class action, finding an identifiable class, common issues predominating over individual ones, and that a class proceeding was the preferable procedure.

Four organizations brought motions for leave to intervene in an appeal concerning the certification of a class action against the Province of Ontario and 49 Children's Aid Societies regarding the use of 'Birth Alerts'.

The appeal engages the continued application of the Ragoonanan principle, which requires a representative plaintiff to have a cause of action against each defendant.

The motion judge granted leave to intervene to the Class Action Clinic and Women of Class, and granted leave on limited issues to the Ontario Chamber of Commerce and the Canadian Civil Liberties Association, finding their perspectives would be useful to the court.