Laura Elizabeth Dougan

This case management conference endorsement addresses the timetable for a complex action, primarily focusing on the delivery of expert reports and amended pleadings.

The court resolved disagreements between the plaintiff, defendants, and intervener regarding deadlines for expert reports, particularly those from the Mississaugas of the Credit First Nation (MCFN) and experts who had been ill.

The court also set a deadline for Ontario's defence to Canada's cross-claim, prioritizing realistic timelines and efficiency over the plaintiff's desire for earlier closures.

This endorsement from a case management conference addressed the timing for the delivery of the defendants' expert reports and the scheduling of motions to amend and strike pleadings.

The defendants sought to vacate expert report deadlines, arguing new claims required new experts.

The court largely denied this, granting only a brief extension for expert reports to June 9, 2023, with an exception for an ill expert.

The court also granted leave for the defendants' cross-motion to strike portions of the pleading, ordering it to be heard concurrently with the plaintiff's motion for leave to amend on June 30, 2023, emphasizing the need to settle pleading propriety before summer.

This appeal concerned a certified class action against Ford Motor Company regarding allegedly false or misleading fuel consumption estimates on EnerGuide labels and in marketing materials for 2013 and 2014 vehicles.

The class action alleged breaches of the federal Competition Act and provincial consumer protection legislation.

The Court of Appeal upheld the motion judge's dismissal of the class action, finding that Ford complied with mandatory federal guidelines for fuel consumption testing (2-Cycle Test) and that the representations were not false or misleading.

The court also addressed the "credulous and inexperienced consumer" standard, noting its applicability varies by statute, and found no deceptive non-disclosure.

Three Toronto police officers charged with sexual assault sought a publication ban on investigative materials filed by the Crown in a related application to remove counsel.

The court applied the Dagenais/Mentuck test, finding a real and substantial risk to trial fairness due to potential juror stigmatization and witness tainting, especially given the salacious nature of the allegations against police officers.

While acknowledging the public interest in scrutiny, the court determined that allowing media access to the information (without publication) and expert commentary provided a sufficient substitute for full public disclosure.

The publication ban was granted, prohibiting publication until the jury retires or the charge is withdrawn/dismissed.