Matthew Douglas Baer

This decision addresses two motions: the plaintiff's motion for a stay of a proposed class action against Apple Canada Inc. pending an appeal in an unrelated case (Lewis v. Uber Canada Inc. et al.), and Apple's scheduling motion for summary judgment to be heard before certification.

The plaintiff's class action alleges Apple overcharged consumers on sales tax in its trade-in program, contrary to the Excise Tax Act and other statutes.

The court dismissed the plaintiff's stay motion, finding no certainty the Lewis appeal would resolve the jurisdictional issue, and that a stay is inappropriate merely because a similar legal issue is being decided in an unrelated case.

The court granted Apple's scheduling motion, affirming the strong presumption under s. 4.1 of the Class Proceedings Act, 1992, that merits-based motions should be heard before certification, especially when they could dispose of the entire case.

Costs were awarded to Apple.

This certified class action concerned allegations of misleading advertising by Ford regarding fuel consumption estimates on EnerGuide labels for 2013 and 2014 model year vehicles, claiming breaches of the federal Competition Act and provincial consumer protection statutes.

Both parties brought cross-motions for summary judgment.

The court dismissed the plaintiff's claims, finding no contravention of the Competition Act due to Ford's compliance with federal guidelines and a lack of evidentiary support for a misleading general impression.

While provincial consumer protection laws allow for non-disclosure claims, the court found no legal obligation for Ford to provide additional disclosures (a "Second Label") beyond the EnerGuide Label and the referenced Fuel Consumption Guide, as there was no evidence that car buyers were deceived.

The defendants' cross-motion for summary judgment, dismissing the class action, was granted.

The plaintiffs in two class actions against Hyundai and Kia sought court approval for a proposed settlement agreement concerning allegedly defective Theta II 2.0-litre and 2.4-litre gasoline direct injection engines in certain vehicles.

The settlement provides for an extended lifetime powertrain warranty, reimbursement for past qualifying repairs and related expenses, compensation for vehicles sold at a loss or lost to engine fire, and a trade-in rebate program.

The court reviewed the settlement against the principles for class action settlement approval, including arm's-length bargaining, the amount of investigation, the zone of reasonableness, and the recommendations of counsel and representative plaintiffs.

Despite objections from a small percentage of class members, the court found the settlement to be fair, reasonable, and in the best interests of the class, approving it as it falls within the zone of reasonable outcomes given the litigation risks and benefits.

A corn grower who neither purchased nor planted genetically modified corn seed brought a proposed class action against the seed manufacturer for negligence, negligent misrepresentation, and breach of the Competition Act.

The manufacturer had commercialized the seed in North America before obtaining approval in China.

The seed's traits commingled with all North American corn, causing China to ban all North American corn imports, resulting in a market glut and price collapse.

The motion judge struck all claims.

The Court of Appeal allowed the appeal in part, reinstating the negligence claim for premature commercialization while upholding dismissal of the misrepresentation and Competition Act claims.

The plaintiff sought certification of a class action against Ford Motor Company and related entities, alleging false, misleading, or deceptive representations regarding the fuel consumption of 2013 and 2014 model year vehicles.

The claim, for $1.5 billion, was based on violations of the Competition Act and the Consumer Protection Act, asserting that Ford understated fuel consumption by using an outdated 2-Cycle Test instead of the more accurate 5-Cycle Test.

The court certified the action, finding that the pleadings disclosed viable causes of action, there was an identifiable class, common issues existed, a class proceeding was the preferable procedure, and the representative plaintiff was suitable.

The plaintiff, a commercial corn grower, brought a proposed class action against the defendants, manufacturers of genetically modified corn seeds (Agrisure), alleging negligence and breach of the Competition Act.

The plaintiff claimed that North American corn prices fell due to China's rejection of corn shipments containing unapproved Agrisure, causing economic loss to non-Agrisure farmers.

The defendants moved to strike the claim under Rule 21, arguing no duty of care existed for pure economic loss.

The court granted the motion, finding that while the claim was framed in misrepresentation, the plaintiff's reliance on the defendants' alleged undertaking not to introduce Agrisure without global approvals was unreasonable, as commingling was inevitable and preventing it would require withholding the product from the domestic market, which had regulatory approval.

The court also noted the risk of indeterminate liability and the illogical elevation of foreign approvals over domestic ones.

This decision addresses a scheduling dispute in a proposed class action concerning the Bell Canada Pension Plan.

The defendants sought to have their motion to stay the class action, arguing that the Office of the Superintendent of Financial Institutions (OSFI) was the preferable forum, heard before the certification motion.

The plaintiff opposed this, requesting both motions be heard concurrently.

The court, applying the Cannon factors and principles against litigation by installments, denied the defendants' request, directing that the stay motion be heard together with the certification motion, emphasizing that the preferability of jurisdiction is an issue best determined within the certification context.

The plaintiffs sought court approval to certify a class action for settlement purposes and to approve the settlement and legal fees.

The class action, limited to specific pelvic mesh products (Avaulta, Align, Ajust), was certified for settlement.

The court approved the $2.475 million settlement after class counsel provided sufficient information demonstrating its reasonableness, addressing initial judicial concerns about the lack of detail.

Legal fees of $742,500 (30% contingency) plus disbursements and taxes were also approved, consistent with the court's principled approach to class counsel compensation.

The plaintiffs sought certification of a proposed class action against a pharmaceutical manufacturer regarding the oral contraceptives Yasmin and YAZ.

The proposed class included Ontario residents prescribed and using the drugs prior to November 30, 2011, and derivative claimants under the Family Law Act.

The plaintiffs alleged negligence in the design, testing, marketing, and warning associated with the drospirenone component, claiming it posed greater risks than other oral contraceptives.

The court held that the pleadings disclosed viable causes of action, that the proposed class and common issues were sufficiently defined, and that a class proceeding was the preferable procedure under the Class Proceedings Act, 1992.

Certification was granted with certain modifications to the class definition and litigation plan.