2 total
Late opt-out from class action denied due to prejudice to defendants who had already settled.
The moving parties, who were class members in a certified class action regarding defective heater-cooler devices, sought an extension of time to opt out of the class action after the deadline had passed.
They had recently discovered they contracted a severe infection from the device and wished to pursue an individual action.
The court applied the Johnson test, finding that while the moving parties established excusable neglect for missing the deadline, they failed to demonstrate that a late opt-out would not prejudice the defendants.
The defendants had already reached a settlement in principle in the class action based on the known number of opt-outs, and allowing a late opt-out would vitiate the integrity of the class action process.
The motion was dismissed.
Four public-interest groups may intervene in the urgent MAID Charter motion.
On a motion for leave to intervene in a pending constitutional challenge to the mental-illness exclusion from medical assistance in dying, the court granted leave to four public-interest interveners to participate in an urgent July motion seeking individual constitutional relief under s. 24(1) of the Charter.
Applying Rule 13.02 and the generous constitutional intervention framework, the court found each proposed intervener had a sufficient interest, distinct perspective, or recognized expertise capable of assisting the court.
The court held it was premature to determine intervention in the underlying application because the evidentiary record was incomplete and additional intervener requests might follow.
Strict limits were imposed: no new evidence, no new issues, no submissions on the individual applicant’s personal circumstances, and no costs.
