Michael H. Rosenberg

Two proposed class actions were brought against consumer loan companies for allegedly engaging in unlawful business practices that misled consumers into signing loan agreements in breach of consumer protection legislation.

The plaintiffs sought interim motions for temporary stays of hundreds of related proceedings (primarily in Small Claims Court) pending final disposition of the class actions.

At a case conference, the court determined the sequencing of motions and set a litigation timetable.

The court ordered that the interim stay motions be heard before certification, finding that fairness and efficiency dictated this sequencing to prevent the defendants' enforcement actions from effectively mooting the class proceedings.

The applicants sought an assessment of a $510 million partial contingency fee paid to the lawyer respondents by the Robinson Huron Treaty Litigation Fund (RHTLF) and a determination of whether the $10 billion settlement proceeds were assets of the RHTLF Trust.

The court directed an assessment of the legal fees under the Solicitors Act, finding that the First Nations were liable to pay the bills and that special circumstances warranted assessment.

The court also confirmed that the settlement proceeds are assets of the Trust.

In a certified class action, the Attorney General of Canada moved for an order adjourning a summary judgment motion sine die, pending the outcome of appeals in two related cases concerning administrative segregation.

Canada argued that an adjournment would prevent duplication of resources, inconsistencies in law, and allow for streamlining of issues, consistent with the Courts of Justice Act.

The plaintiff opposed the adjournment, citing substantial prejudice due to delay after two years of litigation.

The court refused the adjournment, finding that proceeding with the summary judgment motion was more efficient and fair, as the evidentiary record was complete, and the case should be decided based on existing law.

The court emphasized that an adjournment would waste prior work and add to costs, and that justice delayed is justice denied.

Pietro Castrillo brought a motion for leave to discontinue a proposed class proceeding against the Workplace Safety and Insurance Board (WSIB) and for an order dismissing his action, which had been settled for $90,000 to cover legal expenses.

The class action challenged WSIB's interpretation of Policy 18-05-05 regarding Non-Economic Loss (NEL) benefit reductions for pre-existing conditions.

Following litigation, including an appeal to the Court of Appeal, the WSIB clarified its policy and initiated a review of past cases, effectively achieving the class action's primary objective.

The court approved the discontinuance, finding it appropriate given the WSIB's policy changes and the risks of continued litigation, and ordered the WSIB to pay $90,000 to Castrillo's counsel for legal costs incurred for the benefit of the proposed class.

The Crown sought an adjournment of a constitutional challenge brought by the Canadian Civil Liberties Association (CCLA) against administrative segregation provisions in the Corrections and Conditional Release Act.

The Crown argued for deference to Parliament due to pending legislative amendments (Bill C-56) and a new administrative policy.

The CCLA opposed the adjournment.

The court refused the adjournment, finding that the CCLA's constitutional challenge addressed aspects of the existing Act that would remain unaltered by the proposed amendments, thus rendering the adjournment unnecessary and not a matter of disrespect to the legislative process.