Mathura Santhirasegaram

The plaintiffs sought court approval of a $650,000 settlement in a class action arising from an apartment building fire that displaced hundreds of residents.

The fire was allegedly caused by a space heater, which the plaintiffs claimed was necessary due to the defendants' failure to provide adequate heating.

The court approved the settlement as fair, reasonable, and in the best interests of the class, noting the litigation risks and the meaningful compensation it provides to vulnerable class members.

The court also approved class counsel's 25% contingency fee and disbursements totaling $189,432.72.

The plaintiffs in a certified class action arising from a fatal high-rise fire sought court approval for the form and method of dissemination of the proposed Notice of Settlement under section 29 of the Class Proceedings Act, 1992.

The court found the proposed notices provided adequate information to class members regarding the terms of the proposed settlement, the procedure for voicing objections, and the timeline.

The court approved the form of notice and the proposed dissemination methods, including email, media distribution, toll-free telephone service, and website posting.

The Court of Appeal for Ontario allowed the appeal of the Attorney General of Canada, setting aside the conditional certification of a class action brought by Andrew Knisley, a veteran, regarding the administration of disability benefits by Veterans Affairs Canada.

The court found that conditional certification is not permitted under the Class Proceedings Act, 1992, and remitted the matter for reconsideration of whether an identifiable class exists.

The court also upheld the motion judge’s finding that the claim in negligence disclosed a reasonable cause of action.

The plaintiffs sought to certify a class action against the Attorney General of Canada on behalf of female cadets who allegedly suffered sexual misconduct while enrolled in the Cadet Program.

The plaintiffs alleged systemic negligence, breach of fiduciary duty, negligent misrepresentation, and breach of s. 7 of the Charter.

The Superior Court of Justice dismissed the certification motion.

While the negligence claim disclosed a reasonable cause of action, the other claims were struck.

The court found the plaintiffs failed to provide some basis in fact that there was an identifiable class of two or more persons, that the claims raised common issues, or that a class proceeding was the preferable procedure, as the allegations would require highly individualized inquiries.

The plaintiff sought certification of a class action against the Attorney General of Canada on behalf of veterans who experienced delays in the processing of disability benefits.

The court applied the five-part test under s. 5(1) of the Class Proceedings Act.

The court struck the claims for breach of s. 7 of the Charter, breach of fiduciary duty, breach of contract, and negligent misrepresentation, finding it plain and obvious they could not succeed.

However, the court found the negligence claim disclosed a reasonable cause of action.

The court certified the class action for the negligence claim, conditional on the plaintiff amending the class definition.

The plaintiffs brought eight proposed class actions against various long-term care (LTC) home owners and operators in Ontario, alleging systemic negligence and gross negligence in their response to the COVID-19 pandemic.

The court considered whether the claims met the certification criteria under section 5(1) of the Class Proceedings Act, 1992, particularly in light of the statutory immunity provided by the Supporting Ontario's Recovery Act (SORA).

The court certified six of the actions against the main corporate groups, finding that the pleadings disclosed a viable cause of action in gross negligence and that a class action was the preferable procedure.

However, the court dismissed the certification motions against independently owned homes and municipalities due to the lack of a collective enterprise and missing representative plaintiffs.

The plaintiffs brought a motion to certify a class action against the defendant, alleging that ethanol emissions from the defendant's whisky aging warehouses caused the growth of 'whiskey fungus' that damaged their properties.

The court dismissed the certification motion, finding that the pleadings failed to disclose a cause of action, there was no identifiable class rationally connected to the common issues, and the individual issues predominated over any common issues.

The court also excluded the plaintiffs' proposed expert evidence due to a lack of evidence regarding their qualifications, and found the proposed representative plaintiffs unsuitable as their claims appeared statute-barred.

The plaintiffs brought a motion to discontinue a proposed employment class action against the defendant.

The representative plaintiffs were found to be unsuitable or in conflict with the class, and no replacement plaintiffs could be found.

The court granted the discontinuance without costs and without prejudice, finding no prejudice to putative class members as the limitation period had been tolled and notice would be provided to those who had come forward.

The plaintiffs brought a motion to certify a class action arising from a fire at an apartment building in Toronto, which allegedly caused significant property damage and personal injuries.

The fire was alleged to have resulted from a faulty electrical system or a malfunctioning space heater.

The defendants consented to certification, conceding that the statutory criteria under section 5(1) of the Class Proceedings Act were met.

The court certified the action, defined the class and sub-classes, and approved the agreed-upon common issues.

The applicant father brought a motion to have the parties' eight-year-old child return to in-person schooling during the COVID-19 pandemic.

The respondent mother opposed, seeking to continue online learning due to her chronic auto-immune disease and the young age of her other children.

Applying the factors from Zinati v. Spence, the court found that while the child was not at increased risk, the significant risk of harm to the mother and younger siblings outweighed the benefits of in-person learning.

The court ordered the child to continue with online learning for the 2020/2021 school year.