Laura Dougan

The plaintiff, a rideshare driver, commenced a proposed class action alleging that Lyft drivers are employees and entitled to protections under the Employment Standards Act, 2000.

The defendants moved to stay the action in favour of arbitration pursuant to the Arbitration Act, 1991, relying on the arbitration agreement in their Terms of Service.

The plaintiff argued the arbitration agreement was inaccessible, uncertain, unconscionable, contrary to public policy, and an unlawful contracting out of employment standards.

The court rejected the plaintiff's arguments, finding the arbitration agreement accessible, valid, and enforceable.

The court granted the motion and stayed the proposed class action in favour of arbitration.

The plaintiff, Six Nations of the Grand River Band of Indians, brought a motion to amend its statement of claim in a long-standing action concerning the Haldimand Tract.

The defendants did not oppose the amendments but sought extensive time to deliver responding expert reports.

The Attorney General of Canada brought a cross-motion to strike portions of the claim that pleaded breaches of duty 'by example'.

The court dismissed the cross-motion, finding that pleading by example was appropriate given the plaintiff's claim for a complete accounting.

The court granted the motion to amend and set a timeline for the defendants to deliver responding expert evidence, rejecting the defendants' request for a multi-year extension based on their internal retention processes.

Costs of $90,000 were awarded to the plaintiff.

A case management conference was held in an Aboriginal land claim action to address procedural issues.

The defendants sought clarification of the plaintiff's claims following the delivery of the plaintiff's expert reports.

The court directed the defendants to deliver demands for particulars and written interrogatories, and the plaintiff to respond or amend its statement of claim.

The court also amended the timetable for the delivery of expert reports due to delays.

Finally, the court ordered that parties must not disclose unfiled expert reports to non-parties, other than retained or potential experts, without first raising the issue in case management.

At a case conference in a proposed class action regarding denied trip cancellation benefits due to COVID-19, the court determined the sequencing of a proposed Rule 21 motion by the defendant bank and the plaintiff's certification motion.

The court held that hearing the Rule 21 motion prior to certification would not substantially narrow the issues, as the substantive claims against the co-defendant insurer would remain identical.

Exercising its discretion under section 12 of the Class Proceedings Act, the court ordered the Rule 21 motion to be heard at the same time as the certification motion.