Norman Mizobuchi

Following dismissal of a proposed pharmaceutical class action certification motion, the successful defendants sought $1.2 million in costs.

The plaintiffs argued that no costs should be awarded due to public interest considerations relating to individuals with mental illness or, alternatively, that costs should be limited to $75,000.

The court held that although individuals with mental illness may constitute a historically disadvantaged group, the evidentiary record did not engage the public interest considerations under s. 31 of the Class Proceedings Act, 1992.

Applying the principles governing certification motion costs and considering the complexity of the proceeding, the plaintiffs’ litigation conduct, and comparable awards, the court fixed fees at $475,000 and allowed most disbursements subject to a reduction in travel expenses.

The defendant brought a motion in a certified class proceeding to compel answers to refusals, undertakings, and questions taken under advisement during examinations for discovery of the representative plaintiffs.

The underlying action alleged negligent misrepresentation, breach of contract, and unfair practices under the Consumer Protection Act, 2002 arising from statements in a college program calendar suggesting students could obtain certain industry designations.

The court reviewed the disputed discovery questions through the lens of proportionality and the principle that discovery before the common issues trial in a class action is generally limited to the certified common issues.

Many of the defendant’s requests were refused because they sought privileged communications, attempted discovery of class members, or addressed individual issues unrelated to the common issues.

Some limited answers were ordered where they would assist the defendant in understanding the case it must meet.