Patricia D. S. Jackson

The representative plaintiff brought a motion for summary judgment on the liability common issues in a class action for unpaid overtime on behalf of customer service employees of the defendant bank.

The court found that the bank's overtime policies, which required pre-approval, and its failure to record actual hours worked, violated the Canada Labour Code.

The court concluded that the bank permitted uncompensated overtime by failing to prevent it, thereby breaching its statutory and contractual duties to the class members.

In a certified class action regarding whether document reviewers were employees or independent contractors, the plaintiff moved for a further and better affidavit of documents.

The court reviewed 11 categories of requested documents.

The court ordered the production of the defendant's insurance policy under Rule 30.02(3), but dismissed the remaining requests, noting that a party has no obligation to create documents that do not exist, and that requests for privileged communications and judicial inspection were premature or improper.

This is a costs endorsement following the certification of a class action.

The plaintiffs, having succeeded in certifying their action, sought substantial costs totaling over $368,000.

The court significantly reduced the requested amount, disallowing costs related to scheduling, a companion motion in Quebec, and expert fees/counsel time for experts at the certification stage.

The court found that the defendant's opposition to certification was modest and did not constitute a "full attack" warranting such extensive costs at that stage.

The final award was $84,500 plus HST in partial indemnity costs and $27,119.34 in disbursements.

This proposed class action alleged that Bell Mobility Inc. breached the privacy rights of its data service customers by using their personal information for its "Relevant Advertising Program" (RAP) without consent.

The plaintiffs sought certification of the class action.

The court certified the action, including all pleaded causes of action (contract, waiver of tort, negligence, breach of confidence, intrusion upon seclusion, consumer protection legislation, and Quebec civil law claims) and common issues.

The court rejected the defendant's argument that some claims were redundant and made the class proceeding unmanageable, affirming that it is not the judge's role at certification to pare down properly pleaded causes of action.

The decision also addressed the availability and methodology for aggregate damages.

The Plaintiffs in a class action sought court approval for a settlement agreement, a distribution plan, an honorarium for representative plaintiffs, and Class Counsel's fees and disbursements.

The class action, initiated in 2012, involved common law misrepresentation and statutory claims under the Ontario Securities Act for secondary market misrepresentations against SNC-Lavalin Group Inc. and its officers/directors.

After extensive litigation, including interlocutory motions, discovery, and two mediations, a settlement of $110 million was reached.

The court approved the settlement, finding it fair, reasonable, and in the best interests of the class, considering the complexities and risks of the litigation.

The distribution plan and honoraria for representative plaintiffs were also approved.

Class Counsel's fee request of $25.25 million (22.95% of the settlement) plus disbursements and taxes was approved, recognizing the significant risk undertaken and the results achieved.

The appellants, owners of a residential property in Caledon, Ontario, appealed a decision dismissing their application against the Ontario Heritage Trust and a local resident.

The appellants' property is accessible only via a 1 km driveway through parkland owned by the OHT, over which they hold an easement for ingress and egress.

The appellants claimed the easement granted them exclusive use of the driveway and sought to prevent public access by hikers using trails on the OHT property.

The court upheld the lower court's decision, finding that the deed of easement did not grant exclusive use, that public use by hikers did not substantially interfere with the appellants' easement rights, and that an injunction against the publication of a hiking guide was not warranted.

This is a costs endorsement on appeal from a Superior Court judgment.

The unsuccessful appellants (Essar entities and GIP entities) were ordered to pay costs to the successful respondents (the Monitor and Algoma Steel).

The parties agreed on the quantum of costs but disagreed on whether liability should be several or joint and several.

The court awarded costs on a several basis, allocating 25% to GIP and 75% to Essar, finding that GIP had a more limited role with different issues and less oral argument time than Essar.

A CCAA monitor brought an oppression action under the Canada Business Corporations Act against the parent company (Essar Global) and related entities, alleging that a port transaction transferring critical assets to an Essar-controlled entity was oppressive to Algoma's stakeholders (trade creditors, employees, pensioners, and retirees).

The trial judge found the monitor had standing as a complainant, the action was properly brought as an oppression remedy rather than a derivative action, and the port transaction and its change of control provision were oppressive.

The court granted a remedy modifying the transaction to remove the change of control veto and provide Algoma with termination rights after GIP's loan was repaid.

The appellants appealed on multiple grounds, including standing, characterization of the claim, reasonable expectations analysis, and the appropriateness of the remedy.

The Court of Appeal upheld the trial judgment in all respects.

Motions for leave to appeal from an order of the Superior Court of Justice dismissing a motion to require Algoma to resume payments under a Cargo Handling Agreement in the context of CCAA proceedings.

The applicants sought to invoke section 11.01(a) of the Companies' Creditors Arrangement Act to compel payment for post-filing services.

The motion judge had dismissed the motion three times on the same legal grounds.

The Court of Appeal dismissed the leave motions, finding no prima facie merit due to issue estoppel and no significance to the practice, as the issues were specific to the unique agreements underlying the Port Transaction.

This decision concerns the judicial approval of three settlements in ongoing auto-parts price-fixing class actions.

The plaintiffs moved for approval of settlements with Hitachi (CDN$6,667,084), Autoliv (US$3.2 million), and Leoni (CDN$250,000), along with substantial cooperation from the defendants.

The court also considered certification for settlement purposes for the Occupant Safety Systems action against Autoliv and the Automotive Wire Harness Systems action against Leoni.

The court approved all settlements, finding them within a zone of reasonableness based on U.S. settlements, Canadian sales, and cooperation provided.

Additionally, class counsel's legal fees (25% of allocated settlement amounts) and honoraria for representative plaintiffs were approved, emphasizing the importance of robust contingency fee arrangements for access to justice.

The Superior Court of Justice approved a $69 million settlement in a securities class action against Manulife Financial Corporation, along with the plan of allocation, honoraria for representative plaintiffs, class counsel's contingency fees, and a preliminary commission for a third-party litigation funder.

The court found the late-stage settlement to be fair and reasonable, considering the extensive litigation and identified risks, including compelling evidence of market understanding of Manulife's hedging practices, a reasonable investigation defense, arguments against corrective disclosure, the impact of the economic crisis, and the dismissal of a parallel U.S. action.

The plaintiff sought to certify a class action alleging that document reviewers, hired as independent contractors by Deloitte and Procom, were actually employees entitled to benefits under the Employment Standards Act.

The court found some basis in fact for an employer-employee relationship with Deloitte but not with Procom or ATD (a predecessor).

The court certified three common issues against Deloitte but adjourned the motion, requiring the plaintiff to revise the class definition and replace the representative plaintiff due to reliability and disinterest concerns.

Portco sought orders for immediate and future payments under a Cargo Handling Agreement, and a US$5 million charge on Algoma's assets, arguing the payments were required post-filing in a CCAA proceeding.

The CCAA Applicants (Algoma) and DIP lenders opposed, citing the DIP Agreement's budget approval requirement and an arguable right to equitable set-off against a promissory note owed by Portco's parent company (EGFL) to Algoma.

The court found that the DIP Agreement and Initial Order did not mandate payments without DIP lender approval and that an arguable case for equitable set-off existed.

The motion was dismissed as premature, pending determination of the set-off issue and other concerns raised by the Monitor regarding the Portco transaction and recapitalization.

The Court dismissed an appeal from a civil contempt finding against a lawyer who returned trust funds to his client despite a Mareva injunction.

The Court held that civil contempt requires proof beyond a reasonable doubt of an intentional act that breaches a clear order with notice, and does not require contumacious intent.

The Court also held the motions judge erred by reopening and setting aside the initial contempt finding on evidence that should have been filed at the liability stage.

Following certification of a securities class action, the court determined the appropriate costs award arising from the leave and certification motions.

The moving parties sought more than $1.18 million in fees and disbursements on a partial indemnity basis.

The court emphasized the need for transparency, proportionality, and historical benchmarking when assessing certification-motion costs under Rule 57.01(1).

After adjusting excessive hourly rates and disbursements, and considering historical averages for comparable certification motions, the court fixed costs at $467,234 payable forthwith, with an additional $100,000 in disbursements payable in the cause.

The plaintiffs sought certification of a proposed class action against a pharmaceutical manufacturer regarding the oral contraceptives Yasmin and YAZ.

The proposed class included Ontario residents prescribed and using the drugs prior to November 30, 2011, and derivative claimants under the Family Law Act.

The plaintiffs alleged negligence in the design, testing, marketing, and warning associated with the drospirenone component, claiming it posed greater risks than other oral contraceptives.

The court held that the pleadings disclosed viable causes of action, that the proposed class and common issues were sufficiently defined, and that a class proceeding was the preferable procedure under the Class Proceedings Act, 1992.

Certification was granted with certain modifications to the class definition and litigation plan.

The plaintiffs sought leave under Part XXIII.1 of the Securities Act and certification of a proposed class proceeding alleging secondary market misrepresentation by a public issuer and its directors and officers in continuous disclosure documents.

They also requested approval to discontinue common law negligent misrepresentation and oppression remedy claims in favour of the statutory cause of action.

The court held that the plaintiffs met the statutory leave test by demonstrating good faith and a reasonable possibility of success at trial.

It further concluded that discontinuance of the common law and oppression claims would not prejudice class members because the statutory claim avoided reliance issues and certification difficulties.

The action was certified as a class proceeding, with identifiable class members, common issues, and a preferable procedure established.

Employees sought certification of a class action alleging that a bank misclassified analysts, investment advisors, and associate investment advisors as ineligible for overtime pay contrary to the Canada Labour Code and the Employment Standards Act, 2000.

The proposed class relied on job titles and levels to establish commonality, arguing that eligibility for overtime could be determined collectively or through statistical sampling.

The court held that determining whether an employee exercised managerial or supervisory functions required a fact‑specific assessment of the actual duties performed by each employee.

Evidence showed wide variation in responsibilities even among employees sharing identical job titles, defeating the proposed common issues and rendering statistical sampling inappropriate for determining liability.

As the central issues of overtime eligibility and breach required individualized inquiries, a class proceeding was not a preferable procedure and the certification motion was dismissed.