COURT OF APPEAL FOR ONTARIO

DATE: 20260107

DOCKET: COA-24-CV-1333 & COA-24-CV-1355

Hourigan, Zarnett and Sossin JJ.A.

BETWEEN

Marcy David, Brenda Brooks and Andrew Balodis

Plaintiffs (Appellants)

and

Loblaw Companies Limited, George Weston Limited, Weston Foods (Canada) Inc., Weston Bakeries Limited, Canada Bread Company, Limited*, Grupo Bimbo, S.A.B. De C.V., Maple Leaf Foods Inc.**, Empire Company Limited, Sobeys Inc., Metro Inc., Wal-Mart Canada Corp., Wal-Mart Stores, Inc. and Giant Tiger Stores Limited

Defendants (Appellant*/Respondent**)

Proceeding under the Class Proceedings Act, 1992

Reidar Mogerman, K.C., Jay Strosberg, and Scott Robinson, for the appellants Marcy David, Brenda Brooks, and Andrew Balodis (COA-24-CV-1333)

J. Thomas Curry and Andrew Locatelli, for the appellant (COA-24-CV-1355)/respondent (COA-24-CV-1333) Canada Bread Company, Limited

Christopher P. Naudie, Adam Hirsh, and Graeme Rotrand, for the respondent Maple Leaf Foods Inc.

Heard: September 15, 2025

On appeal from the order of Justice Edward M. Morgan of the Superior Court of Justice dated October 25, 2024, with reasons reported at 2024 ONSC 5818 .

COSTS: REASONS FOR DECISION

[ 1 ] On December 3, 2025, we dismissed the appeals and invited the parties to make written submissions on the costs of the appeals if they were unable to agree: David v. Loblaw Companies Limited , 2025 ONCA 830 , at para. 59 .

[ 2 ] The parties have advised that they have reached agreement. In accordance with that agreement, we award costs of the appeals in favour of the respondent, Maple Leaf Foods Inc., in the total sum of $40,000 all inclusive, payable $20,000 by the appellants Marcy David, Brenda Brooks, and Andrew Balodis and $20,000 by the appellant Canada Bread Company, Limited.

“C.W. Hourigan J.A.” “B. Zarnett J.A.” “ L. Sossin J.A.”