Margaret Waddell

The plaintiffs sought to certify five related class actions against Fortress Real Capital Inc., its principals, and two real estate appraisers regarding losses suffered from investing in syndicated mortgage loans.

The court certified the actions against Fortress and its principals, finding the pleadings disclosed viable causes of action in fraud and negligent misrepresentation, and that the other certification criteria were met.

However, the court dismissed the certification motions against the appraisers, concluding it was plain and obvious the claims would fail because the appraisers owed no duty of care to the investors and their reports expressly disclaimed third-party reliance.

The court also held the Harmony Village action in abeyance to allow the plaintiffs to substitute a suitable representative plaintiff.

Four organizations brought motions for leave to intervene in an appeal concerning the certification of a class action against the Province of Ontario and 49 Children's Aid Societies regarding the use of 'Birth Alerts'.

The appeal engages the continued application of the Ragoonanan principle, which requires a representative plaintiff to have a cause of action against each defendant.

The motion judge granted leave to intervene to the Class Action Clinic and Women of Class, and granted leave on limited issues to the Ontario Chamber of Commerce and the Canadian Civil Liberties Association, finding their perspectives would be useful to the court.