Laura C. Young

This is a costs endorsement on appeal from a Superior Court judgment.

The appellants (The Attorney General of Canada and two officers) were successful on appeal and were awarded costs.

The Court of Appeal set aside the trial costs order and awarded the appellants costs at trial on a partial indemnity basis, in addition to costs of the appeal.

An appeal from a trial judgment that recognized a new common law tort of harassment and found the defendants liable for intentional infliction of mental suffering.

The plaintiff, an RCMP constable, alleged harassment and bullying by RCMP managers from 2005 to 2012.

The trial judge awarded $100,000 in general damages, $41,000 in special damages, and $825,000 in costs.

The appellate court reversed, holding that no tort of harassment exists in Ontario and that the elements of intentional infliction of mental suffering were not established.

The court found numerous palpable and overriding factual errors in the trial judge's findings, particularly regarding the plaintiff's failure to comply with regulations requiring leave without pay before running for political nomination and the bona fides of management's concerns about conflicts of interest.

The Plaintiffs in a class action sought court approval for a settlement agreement, a distribution plan, an honorarium for representative plaintiffs, and Class Counsel's fees and disbursements.

The class action, initiated in 2012, involved common law misrepresentation and statutory claims under the Ontario Securities Act for secondary market misrepresentations against SNC-Lavalin Group Inc. and its officers/directors.

After extensive litigation, including interlocutory motions, discovery, and two mediations, a settlement of $110 million was reached.

The court approved the settlement, finding it fair, reasonable, and in the best interests of the class, considering the complexities and risks of the litigation.

The distribution plan and honoraria for representative plaintiffs were also approved.

Class Counsel's fee request of $25.25 million (22.95% of the settlement) plus disbursements and taxes was approved, recognizing the significant risk undertaken and the results achieved.

This decision addresses eight motions in a billion-dollar secondary market securities class action.

The court granted motions by SNC-Lavalin and its Outside Directors to strike paragraphs from the Plaintiffs' Amended Reply and dismissed the Plaintiffs' motion to deliver a Fresh as Amended Reply, finding that the Plaintiffs were attempting to plead a new, uncapped liability claim without leave and reintroduce previously rejected allegations of bribery in Libya.

The court also granted motions by the Outside Directors and Michael Novak to strike paragraphs from Riadh Ben Aïssa's Statement of Defence, which similarly attempted to introduce allegations of bribery in Libya and knowledge against co-defendants beyond the scope of the granted leave.

Additionally, the court granted protective orders for the examinations for discovery of Messrs.

Ben Aïssa, Duhaime, and Roy, who faced criminal charges, to protect their Charter rights and the integrity of criminal proceedings, but denied requests to stay or postpone discoveries.