Michael Spencer

This decision resolves a carriage motion between two competing proposed class actions (the Bonnick Action and the Blackford-Hall Action) concerning alleged predatory practices in the consumer marketplace for HVAC equipment.

The court interpreted the newly enacted section 13.1 of the Class Proceedings Act, 1992, which focuses on efficiency, productivity, and proportionality.

The court granted carriage to the Bonnick Action, finding its regional scope and targeted case theory against the alleged mastermind and lender corporations to be more efficient and cost-effective than the Blackford-Hall Action's national scope and broader conspiracy claims against multiple defendants.

The plaintiffs in a class proceeding regarding universal life insurance policies brought a motion for a further and better affidavit of documents.

The plaintiffs sought production of 12 general categories of documents and several specific documents related to the defendant's repricing of the cost of insurance and administrative fees.

The court applied the principles of relevance and proportionality, granting production for some requests, such as internal communications regarding policyholder communications and documents related to the 'Maximum Premium' in death spiral situations, while dismissing others that were overly broad, irrelevant, or disproportionate.

Costs of $50,000 were awarded in the cause.