Charles Edward Hatt

The appellant sought to certify a class proceeding against the Crown for failure to hold timely bail hearings, alleging negligence, breach of fiduciary duty, and Charter rights violations.

The motion judge dismissed certification.

The Court of Appeal dismissed the appeal, finding no cause of action in negligence (claims attacked core policy decisions), the fiduciary duty claim abandoned, and the Charter claims lacking common issues and not being a preferable procedure due to the need for individualized assessments.

This is Part 2 of a joint decision by the Ontario Superior Court of Justice and the Superior Court of Québec concerning the Brazeau, Reddock, and Gallone class actions.

The courts finalized and approved the Distribution and Individual Issues Protocol, which governs the distribution of the aggregate damages award and the procedures for determining individual issues.

The decision addresses submissions from the parties on a provisional draft protocol and resolves a late-arriving dispute between Class Counsel and the Law Foundation of Ontario regarding funding for the individual issues phase by deleting contentious provisions.

This motion sought the discontinuance of a certified and settled class action concerning the Participating Co-Operatives of Ontario Trusteed Revised Pension Plan.

The action had been certified in 2005 and a multi-million-dollar settlement approved in 2008 with most defendants.

Default judgment was obtained against the remaining Workman Defendants, and funds were recovered through enforcement proceedings in the Cayman Islands.

Class counsel paid the recovered funds to the Plan Administrator, who was ordered to locate participants and distribute entitlements.

With all issues of liability, remedy, and distribution addressed, and the Plan Administrator having completed its tasks, the court ordered the class action discontinued as there was no further reason for it to continue.

The court redetermined Charter damages in a class action concerning administrative segregation in federal penitentiaries, following an appeal that set aside the initial damages award.

The Court of Appeal affirmed liability but remitted the damages issue for redetermination on proper principles.

The court awarded $20 million for vindication, deterrence, compensation, and pre-judgment interest, to be distributed directly to class members.

For the purposes of individual issues trials, the per capita award is to be deemed compensatory damages.

This decision rejected Canada's submission for a $2.4 million award and the plaintiffs' alternative submission for $20 million solely for vindication and deterrence.