Following certification of a national class proceeding and dismissal of defendants’ summary judgment motions, the court determined costs arising from the certification and related motions.
The court applied Rule 57 of the Rules of Civil Procedure and principles governing costs in class proceedings, including fairness, reasonable expectations of the parties, and the access to justice objectives of the Class Proceedings Act, 1992.
The litigation involved extensive evidence, numerous defendants, and complex factual and legal issues affecting approximately 10,000 class members with alleged losses approaching $150 million.
The court rejected requests for substantial indemnity costs and declined to refer costs to formal assessment, instead fixing costs directly.
Significant partial indemnity costs and disbursements were awarded to the plaintiff, apportioned among the defendant groups.
