Linda M. Plumpton

In competing motions to strike pleadings in three related tax appeals concerning dividend rental arrangements, the Appellants moved to strike portions of the Respondent's replies, and the Respondent moved to strike portions of the notices of appeal.

The Tax Court of Canada allowed the Appellants' motion, striking the impugned reply provisions on the basis that they merely restated statutory language without pleading material facts, but granted the Respondent leave to amend.

The Respondent's motion to strike the notices of appeal was denied, as the alternative relief sought by the Appellants was subsumed within the primary issue.

The applicants, shareholders of TD Bank, sought leave under section 334 of the Bank Act to bring a derivative action in Delaware on behalf of TD Bank's U.S. subsidiary regarding anti-money laundering failures.

The court dismissed the application, finding that the Bank Act does not permit an Ontario court to grant leave for a derivative action to be commenced in a foreign jurisdiction.

Furthermore, the court held that even if it had jurisdiction, leave would not be granted because the proposed action did not appear to be in the best interests of the bank, given the board's reasonable business judgment and the potential prejudice to the bank in other ongoing litigation.

The moving parties brought a motion for leave to appeal the decision of Leiper J. dated October 23, 2025.

The Divisional Court dismissed the motion for leave to appeal and awarded costs to the responding party in the amount of $5,000 all inclusive.

The plaintiffs, former and current Home Financing Advisors at Scotiabank, brought a motion to certify a class action alleging the bank failed to properly pay vacation and statutory holiday pay on their commission earnings as required by the Canada Labour Code.

Scotiabank argued its compensation model was all-inclusive and adequately disclosed, and brought a preliminary motion to strike portions of the plaintiffs' expert report.

The court granted the motion to strike portions of the expert report that went beyond the expert's mandate.

However, the court found the plaintiffs met all criteria under s. 5(1) of the Class Proceedings Act, including demonstrating some basis in fact that the compensation documents were confusing and inconsistent.

The action was certified as a class proceeding.

On an uncertified proposed class proceeding arising from a pension fund’s loss on an FTX investment, the moving party sought leave to discontinue under s. 29(1) of the Class Proceedings Act, 1992, with agreed non-monetary disclosure commitments in the plan’s annual reporting and payment of class counsel fees and disbursements from the fund.

The court applied the discontinuance approval framework, including whether class interests would be prejudiced by abandonment of a viable claim and whether the result was a practical resolution in light of litigation risk.

The court found the class would not benefit from continued litigation on the record, accepted that the settlement terms were objectively reasonable, and held that non-monetary relief could constitute a positive settlement outcome.

The court also approved the reduced fee amount and disbursements as reasonable.

The moving parties sought to quash the responding party's appeal of an order validating service of an application record.

The responding party, a foreign state, argued the order was final because it determined substantive rights regarding state sovereignty and the Hague Convention.

The Court of Appeal held that the order validating service was procedural and interlocutory, as it did not finally dispose of the dispute or deprive the responding party of substantive defences.

The motion was granted and the appeal was quashed.

The moving parties, comprising various social media companies including Meta, Snap, and TikTok entities, brought motions for leave to appeal the substantive and costs orders of Leiper J. The Divisional Court granted the motions for leave to appeal without costs and directed the parties to provide an agreed schedule for the exchange of appeal materials.

Following directions from the Federal Court of Appeal to reconsider a previous costs award, the Tax Court of Canada reviewed the appellate decisions in the related appeals.

The Court declined to exercise its discretion to vary the original order, confirming the lump sum costs award of $1,197,942 payable by the appellants on a joint and several basis.

This decision concerns three motions to approve class counsel fees in the context of insolvency proceedings under the Companies' Creditors Arrangement Act involving three major tobacco companies.

The court approved the Quebec Class Action Plaintiffs' counsel fee request of approximately $901 million (representing 22% of the $4.119 billion allocated to the Quebec class members), the Knight Class Counsel fee request of $5 million plus disbursements, and the Tobacco Producers' counsel fee request of $3.75 million.

The court found that the fees were fair and reasonable given the exceptional risks assumed, the unprecedented outcome achieved, and the unique circumstances of the case.

A $50 million reserve was established from the Quebec counsel fees to protect against any pro-rata reduction in class member compensation due to actual take-up rates or other factors.

The plaintiff sought certification of a class action against four major airlines, alleging a conspiracy to fix prices and suppress the supply of transborder air travel between Canada and the United States.

The court dismissed the certification motion, finding that the pleadings failed to disclose a reasonable cause of action as they contained only bald, unsupported allegations of a conspiracy without material facts.

The court also found no basis in fact for the proposed common issues, noting that the plaintiff's reliance on parallel U.S. litigation regarding domestic travel was insufficient to support a conspiracy in the transborder market.

Furthermore, the plaintiff's expert methodology for calculating class-wide loss was deemed purely hypothetical, and the representative plaintiff was found inadequate as she purchased her ticket using loyalty points rather than directly from the defendants.

The court approved a $500 million settlement in a national class action concerning a price-fixing conspiracy in the packaged bread market, resolving claims against Loblaw Companies Limited and related entities.

The settlement includes a substantial damages payment, a distribution protocol for class members, and a cooperation agreement by Loblaw to assist in ongoing litigation against non-settling defendants.

The court also approved class counsel fees and the payout to a third-party funder, finding the settlement fair, reasonable, and in the best interests of the class.

The plaintiff, Toronto District School Board, brought an action in negligence and public nuisance against several major social media corporations, alleging that their products were intentionally designed to be addictive to children and caused widespread mental health and behavioral issues among students.

The Board claimed it suffered direct economic damages in responding to these student harms, including increased costs for mental health services, security, and staff training.

The defendant corporations brought a motion to strike the statement of claim under Rule 21.01(1)(b) of the Rules of Civil Procedure, arguing that the claims had no reasonable prospect of success.

The Ontario Superior Court of Justice dismissed the motion, allowing the Board's novel claims in negligence and public nuisance to proceed.

This decision sanctions the CCAA Plans of Imperial Tobacco Canada Limited, Imperial Tobacco Company Limited, JTI-Macdonald Corp., and Rothmans, Benson & Hedges Inc., effecting a global settlement of all tobacco-related claims in Canada.

The court reviews the structure, allocation, and fairness of the plans, including the creation of a $1 billion Cy-près Foundation, and addresses objections from social stakeholders.

The court finds the plans fair, reasonable, and in the public interest, and grants the requested relief, including third-party releases and the appointment of plan administrators.

The plaintiffs brought a motion for a pre-approval order regarding a $500 million settlement in principle with the Loblaw defendants in a national class action alleging a price-fixing conspiracy for packaged bread.

The court granted the order, amending the certification of the Ontario action for settlement purposes only, appointing the settlement administrator, and approving the notice plan and pre-approval notices to inform class members of the settlement and their opt-out or objection rights.

This decision resolves a carriage motion between three proposed class actions seeking damages for investors in The Toronto-Dominion Bank, arising from alleged misrepresentations and failures to disclose anti-money laundering (AML) deficiencies.

The court concludes that the Parkin action is best suited to advance the class members’ claims efficiently and cost-effectively, considering the statutory criteria under the Class Proceedings Act, 1992.

The decision addresses the impact of late registration of a class proceeding, the legal framework for carriage motions, the comparative strengths and weaknesses of each action, and issues of funding and counsel experience.

The appellant, Layla Hassan, appealed a judgment concerning Sun Life Assurance Company of Canada.

The Court of Appeal for Ontario, upon review of the materials and with the consent of both parties, dismissed the appeal without costs.

The plaintiff in a class action brought an unopposed motion for approval of a third-party funding agreement under s. 33.1 of the Class Proceedings Act, 1992.

The agreement provided indemnity for adverse costs in exchange for a premium of up to 10% of the litigation proceeds.

The court approved the agreement, finding it fair and reasonable, protective of the plaintiff's control over the litigation, and supported by the funder's financial capacity.

The plaintiff in a complex family trust dispute brought motions on the eve of trial for further documentary production, further examinations for discovery, and leave to amend her Statement of Claim.

The motions sought to introduce new allegations that the defendants covered up and settled claims of sexual misconduct against the family patriarch, Frank Stronach.

The court dismissed both motions, finding no evidence that the requested documents existed, that the new allegations were irrelevant to the pleaded claims of corporate mismanagement, and that amending the pleadings three weeks before a scheduled seven-week trial would cause non-compensable prejudice and delay.