Luciana Brasil

The plaintiffs sought approval of a US$7 million settlement with the Bosch defendants regarding the installation of 'defeat devices' in certain diesel vehicles, as well as approval of class counsel's legal fees.

The settlement targeted 'leftover damages' for class members who were not made whole under previous settlements with the vehicle manufacturers.

The court found the settlement to be fair, reasonable, and in the best interests of the class, noting the pragmatic distribution protocol and the low number of objections.

The court also approved class counsel's 25 percent contingency fee, finding it presumptively valid and noting that the distribution mechanism would ensure high take-up by eligible claimants.

In a proposed class proceeding, the plaintiffs alleged that Ticketmaster breached s. 2(a) of the Ticket Speculation Act by charging fees above the base price of tickets sold in the primary market, constituting unjust enrichment and civil conspiracy.

The defendants moved for summary judgment dismissing the action.

The court held that although the statute could apply to certain primary-market transactions, the relevant prohibition concerns selling a ticket at a price higher than the price at which it was first issued.

Ticketmaster’s sales constituted the first issuance of the tickets at the full price charged, including service-related fees, and therefore did not contravene the Act.

The plaintiffs’ interpretation equating the “price first issued” with a base ticket price was found to be artificial and inconsistent with the statute’s purpose of targeting ticket scalping.

Following the dismissal of the plaintiff's motion to certify a class action regarding copyright in land surveyors' plans, the parties could not agree on costs.

The successful defendant sought approximately $496,000, while the plaintiff argued for no costs or a maximum of $80,000, citing the novel point of law and public interest involved.

The court found that while the case raised a novel point of law, it did not involve a matter of public interest.

Applying the principles for fixing costs on a certification motion, the court awarded the defendant $200,000 inclusive of fees, disbursements, and taxes.

The plaintiff surveying firm sought certification of a proposed class action alleging that the operator of Ontario’s electronic land registry system infringed surveyors’ copyright in registered plans of survey by scanning, storing, and selling digital copies through online portals.

The motion was brought under s. 5 of the Class Proceedings Act, 1992.

The court held that although a cause of action for copyright infringement was adequately pleaded (with the exception of allegations based on “translation” into digital formats), the plaintiff failed to satisfy the remaining certification criteria.

The proposed class definition was merits‑based and there was no evidence that two or more persons wished to pursue the claim.

The court also found that the proposed common issues were largely individualized, particularly regarding ownership of copyright and consent, and that a class proceeding would not be the preferable procedure.

On a consent motion in a proposed class action concerning ticket resale practices, the court considered certification for settlement purposes and approval of a negotiated settlement under the Class Proceedings Act, 1992.

The action alleged that the defendants’ primary and secondary market ticket sales violated the Ticket Speculation Act through resale pricing and related practices.

The court held that the criteria for certification under s. 5(1) were satisfied, including the existence of an identifiable class and common issue relating to whether the defendants breached the statute.

The proposed settlement provided refunds of $36 per ticket to class members and required changes to the defendants’ ticket resale website practices.

The court concluded the settlement and the requested contingency fee arrangement were fair, reasonable, and in the best interests of the class.