Perell

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.

The plaintiffs in a conditionally certified class action sought court approval for new Class Counsel, a precondition for certification.

The defendant withdrew its decertification motion and consented to the appointment.

The court appointed Flaherty McCarthy LLP and Mack Lawyers as Class Counsel, rendering the action unconditionally certified.

The plaintiffs and the Plan Administrator brought a motion in a class proceeding regarding the wind-up of a pension plan.

They sought approval for a plan to use settlement funds recovered from a defaulting defendant to search for unlocated pension plan members, prioritizing those with the largest entitlements, and to pay any remaining unclaimed funds into court.

The court approved the plan, finding it sensible and fair, and ordered that the Plan Administrator be discharged from its obligations under the Pension Benefits Act upon payment of the remaining funds into court.

The plaintiffs brought a motion to certify a class action against several banks for allegedly conspiring to fix prices in the foreign exchange market.

The court found that the plaintiffs satisfied the five criteria for certification under the Class Proceedings Act, 1992, but modified the class definition to exclude indirect purchasers (investors) and direct purchasers who transacted with non-defendant banks.

The court certified the action for direct purchasers who transacted with the defendant banks.

The plaintiffs brought a motion to discontinue a proposed class action regarding transvaginal mesh implants manufactured by the defendants.

The parties reached a settlement agreement that resolves the claims of many putative class members and provides a process for others to participate or pursue individual claims.

The court approved the discontinuance, finding that it was beneficial to settling class members and did not prejudice the remaining putative class members.

The court also approved the payment of $1,085,000 in costs to class counsel.

The plaintiff brought a motion to certify a class action against the defendants regarding alleged defects in the power steering systems of certain Mini Cooper vehicles.

The plaintiff alleged the defects could cause a dangerous loss of power steering or a vehicle fire.

The defendants admitted the power steering system was defective but denied it posed an unreasonable safety risk or caused fires.

The court found that the plaintiff had pleaded a viable cause of action in negligence and met the 'some basis in fact' standard for the remaining certification criteria, including an identifiable class, common issues, preferable procedure, and representative plaintiff.

The certification motion was granted.

The defendants brought motions to strike the plaintiff's Amended Amended Statement of Claim in its entirety.

The plaintiff alleged a fraudulent scheme involving breach of contract, conspiracy, and other torts by its former employee and various corporate and individual defendants in China and Ontario.

The court found that the plaintiff failed to plead material facts to support personal liability against the individual defendants (except the former employee) separate from their roles as corporate directors or officers.

The court struck the entire statement of claim but granted the plaintiff leave to deliver a Fresh as Amended Statement of Claim in accordance with the court's directives.

The parties entered into two agreements to lease a heritage building for an event venue and restaurant.

Disputes arose over the scope of the landlord's work, specifically roof repairs, and the execution of a formal lease.

The landlord sought to terminate the agreements, arguing they were too uncertain to be enforceable and that the tenant had defaulted.

The tenant sought declarations that the agreements were binding and that the landlord was in breach.

The court held that both agreements were binding and enforceable, and that a formal lease was not a condition precedent.

The court found that both parties had breached their obligations, resulting in a contractual stalemate, and dismissed the landlord's application to evict the tenant.

The plaintiff appealed a Master's order granting the defendants' motion for security for costs in an action for negligent investigation, wrongful arrest, and malicious prosecution.

The plaintiff argued the Master erred in granting leave to bring the motion after the action was set down for trial and in ordering security for costs.

The Superior Court of Justice dismissed the appeal, finding no error in the Master's decision to grant leave or in the conclusion that the defendants had a good defence on the merits and the plaintiff lacked sufficient assets to satisfy a costs award.

The plaintiff sought a reconsideration of a costs decision awarding the defendant City partial indemnity costs of $10,517.19 for an abandoned motion.

The plaintiff argued it was unclear whether a response to the City's costs submissions was required.

The court dismissed the reconsideration request, noting the plaintiff failed to respond to the duly served submissions or challenge the presumptive entitlement to costs under Rule 37.09(3), and confirmed the previous costs award.

The plaintiffs in a certified class action regarding transvaginal mesh devices brought a motion to approve the Notice of a Settlement Approval Hearing, the Notice Plan, and minor amendments to the 2017 Certification Order.

The parties had entered into a $21.5 million settlement.

The defendants consented to the motion.

The court approved the expansion of the class definition to include individuals implanted with the devices up to the date of the order, finding it fair and necessary.

The court also approved the proposed notices and notice plan, finding they met the statutory criteria under the Class Proceedings Act, 1992.

Following a successful summary judgment motion for damages arising from an aborted real estate transaction, the plaintiff sought costs of $19,822.64.

The plaintiff had served an offer to settle that was less than the judgment obtained, triggering Rule 49.10(2).

The defendant requested an indulgence to reduce the costs to a partial indemnity scale due to recent health problems and reduced income.

The court declined to reduce the costs award, holding that any indulgence was for the plaintiff to grant, and awarded the costs as requested.

The defendant was successful on a motion to strike the plaintiff's claims for inducing breach of contract and intentional interference with economic relations as an abuse of process.

The defendant sought costs of $21,804.92 on a substantial indemnity basis.

The court awarded costs of $17,750 on a partial indemnity basis, noting that the plaintiff's late abandonment of several causes of action unnecessarily lengthened the proceeding, but substantial indemnity costs were not warranted.

Following a successful summary judgment motion for breach of contract regarding an aborted real estate transaction, the plaintiff sought costs.

The court reviewed the plaintiff's bill of costs and awarded partial indemnity costs in the amount of $6,128.59, inclusive of fees, disbursements, and taxes.

The plaintiffs brought motions for approval of a settlement, class counsel fees, and representative plaintiff honoraria in two class actions concerning defective Takata airbags installed in Mazda, Subaru, and Toyota vehicles.

The settlement provides for an outreach program, out-of-pocket expenses reimbursement, and a customer support program.

The court found the settlement to be fair, reasonable, and in the best interests of the class.

The court also approved class counsel fees of up to $5,850,000 and an honorarium of up to $19,167 to be split among the representative plaintiffs.

The plaintiffs, a Chinese corporation and an Ontario resident, sued a Canadian law firm and two foreign defendants (a Hong Kong company and its Chinese principal) alleging breach of fiduciary duty and misuse of confidential information regarding the acquisition of shares in a mining company.

The foreign defendants moved to set aside service ex juris and to dismiss the action for lack of jurisdiction simpliciter or, alternatively, on the basis of forum non conveniens.

The Superior Court of Justice granted the motion, setting aside the service because the defendants did not reside or carry on business in Ontario and service did not comply with the Hague Convention.

The court further held it lacked jurisdiction simpliciter as there was no real and substantial connection to Ontario, and alternatively, that Ontario was forum non conveniens, with China or Hong Kong being the appropriate forum.

The plaintiffs, international students, brought a class action against Niagara College alleging misrepresentations regarding the eligibility of its General Arts and Science Program for a three-year Post-Graduation Work Permit.

The parties reached a $3 million settlement.

The court certified the action for settlement purposes, approved the settlement as fair and reasonable, approved class counsel fees of $950,750, and awarded a $10,000 honorarium to each representative plaintiff.

The plaintiff brought a motion for summary judgment in a mortgage enforcement action seeking payment on the covenant and a writ of possession.

The defendant, despite numerous extensions, failed to file any responding materials.

The court found that the plaintiff had proven its claim that the loan was advanced, not repaid, and accounted for the amount owing.

The court granted the plaintiff a writ of possession and judgment in the amount of $130,976.23.

The plaintiff commenced a proposed class action against his former employer for alleged failure to pay overtime, alongside a personal wrongful dismissal action.

After settling his personal action and determining that the employer had largely fulfilled its overtime obligations, the plaintiff brought a consent motion to discontinue the proposed class action without costs.

The court granted the motion, finding no prejudice to putative class members who were unaware of the action.

The plaintiff sought costs of $89,304.86 on a partial indemnity basis following a successful motion for declaratory relief regarding an easement over the defendant's property.

The defendant argued for each party to bear its own costs due to divided success, or alternatively, a reduced amount.

The court rejected the divided success argument, finding the plaintiff was the successful party, but reduced the costs award to $45,000 all inclusive, finding the plaintiff's claim excessive and noting the abandoned claim against the municipality.