Nathalie Gondek

The plaintiffs, representing a class of small to medium-sized businesses, sought coverage under their business interruption insurance policies for losses sustained due to the COVID-19 pandemic and related civil authority orders.

The court held a common issues trial to determine whether the presence of the SARS-CoV-2 virus or government lockdown orders could cause 'physical loss or damage to property' within the meaning of the policies.

The court concluded that the virus does not physically alter or damage inanimate surfaces, and that the loss of use of the premises due to government orders does not constitute physical loss or damage.

Consequently, the court answered the certified common issues in the negative, finding no coverage under the business interruption provisions.

The parties in three related class actions regarding administrative segregation sought the courts' approval for consensual amendments to the Distribution and Individual Issues Protocol.

The amendments aimed to streamline the claims process, implement an estates protocol, adjust damages calculations, and expedite the payment of aggregate damages to eligible class members.

The Ontario Superior Court of Justice and the Superior Court of Québec jointly approved the proposed amendments, finding them to be in the best interests of the class members and the most efficient means of adjudicating individual issues.

The Law Foundation of Ontario brought a motion for directions regarding its statutory authority to administer the Class Proceedings Fund during the individual issues stage of a class action.

The court held that the Law Foundation has the statutory authority to provide litigation support and adverse costs protection for individual issues trials, but is not obliged to do so even if it funded the common issues stage.

Furthermore, the court determined that the Law Foundation's statutory levy applies to all recoveries, including individual issues judgments, regardless of whether it provides funding for that specific stage.

The plaintiffs brought a motion for court approval of four settlements totaling over $25 million with TD, RBC, Credit Suisse, and Deutsche Bank in a class action alleging price-fixing in the foreign exchange market.

The plaintiffs also sought approval of Class Counsel's fees of approximately $10.2 million.

The court found the settlements to be fair, reasonable, and in the best interests of the class, noting the significant litigation risks and the substantial results achieved.

The court also approved the requested Class Counsel fees, recognizing the risk undertaken and the successful outcome.

The plaintiffs brought a motion to certify the action as a class proceeding for settlement purposes against TD, RBC, Credit Suisse, and Deutsche Bank in a case alleging a conspiracy to fix prices in the futures exchange market.

The court found that the criteria for certification under section 5(1) of the Class Proceedings Act, 1992 were met and granted the motion, approving the settlement agreements and the plan of dissemination.

The plaintiff brought an omnibus motion to implement a Court of Appeal judgment in favour of a class of over 35,000 retirees regarding pension indexation.

The court approved the implementation methodology, which provides an estimated $103 million present value recovery to the class.

The court also approved class counsel fees of $10 million, a $15,000 honorarium for the representative plaintiff, and the Class Proceedings Fund levy.

Finally, relying on section 12 of the Class Proceedings Act, the court eliminated the right of class members to opt out, finding that the declaratory nature of the judgment and the 100% recovery made an opt-out right unnecessary and potentially unjust.

The Ontario Superior Court of Justice and the Superior Court of Québec issued a joint decision in three related class actions against the Attorney General of Canada.

Following the approval of a Distribution and Individual Issues Protocol, the parties sought approval for minor typographical corrections and various translated administrative documents, including notice forms and claim forms.

The courts approved the corrections and the submitted documents, and directed the parties to submit the claims administrator's terms of appointment once finalized.

The parties in three related class actions regarding administrative segregation in federal penitentiaries sought court approval for a revised Distribution and Individual Issues Protocol, notices, and forms.

The courts approved the documents but revised the proposed opt-out procedure to ensure that all putative class members detained in administrative segregation after December 12, 2016, who had not previously had an opportunity to opt out, were granted a first-time opportunity to do so.

The respondent, representing a class of seriously mentally ill inmates and inmates held in prolonged administrative segregation, brought a class action against Ontario for Charter breaches and systemic negligence.

The motion judge granted summary judgment, finding that Ontario's use of administrative segregation violated sections 7 and 12 of the Charter, and awarded $30 million in aggregate Charter damages.

Ontario appealed, arguing that the Charter breaches were not established for all seriously mentally ill inmates, that Charter damages were inappropriate due to good governance concerns, and that the negligence claim was barred by statute.

The Court of Appeal dismissed the appeal, upholding the findings that administrative segregation of seriously mentally ill inmates constitutes cruel and unusual treatment, that Ontario's clear disregard for inmates' rights justified Charter damages, and that the operational implementation of segregation policies grounded a valid systemic negligence claim.

Class counsel moved for approval of an interim fee award and disbursements following a $250,000 settlement with the Bank of Montreal defendants in a class action.

The court reviewed the requested fees of $62,500 (25% of the settlement) and disbursements of $119,800.83, plus taxes.

Applying the factors for assessing the reasonableness of class counsel fees, the court found the request fair and reasonable and approved the fee award.

The plaintiffs brought a motion to approve a settlement with the Bank of Montreal (BMO) defendants in a class action alleging a conspiracy to fix prices in the foreign exchange market.

The settlement amount was $250,000.

The court found that the case against BMO was significantly weaker than against other defendants, as BMO's trading operations accounted for less than 1% of the market and no regulatory findings had been made against it.

The court concluded that the settlement was fair, reasonable, and in the best interests of the class, and approved the settlement agreement.

The representative plaintiff brought a class action on behalf of inmates in Ontario correctional institutions who were placed in administrative segregation.

The plaintiff alleged that Ontario's use of administrative segregation constituted systemic negligence and violated sections 7 and 12 of the Charter.

On a motion for summary judgment, the court found that administrative segregation as practiced in Ontario was equivalent to solitary confinement and caused severe psychological harm, particularly to inmates with serious mental illness.

The court held that Ontario breached the inmates' Charter rights and was liable for systemic negligence at the operational level.

The court awarded $30 million in aggregate damages for compensation, vindication, and deterrence.