Peter J.E. Cronyn

The plaintiffs brought a motion to approve a $13,375,000 settlement in a class action against a fertility doctor who allegedly used incorrect genetic material, including his own, during artificial insemination procedures.

The court found the settlement to be fair, reasonable, and in the best interests of the class members, noting the novel legal issues and the emotional toll of continued litigation.

The court also approved class counsel's 25% contingency fee of $3,343,750, recognizing the significant risk, time investment, and successful outcome achieved.

Following a trial on liability for a motor vehicle accident where the deceased driver was found 80% responsible and the City of Ottawa and its bus driver 20% responsible, the court determined the costs payable to the successful plaintiffs.

The plaintiffs sought over $811,000 in costs and disbursements.

The court reviewed the factors under Rule 57.01, including proportionality, the complexity of the case, and the results achieved.

The court reduced the plaintiffs' claimed costs due to excessive hourly rates for students/paralegals, duplication of effort, and excessive time spent on certain stages.

The court awarded the plaintiffs $527,065.25 in fees and $143,531.25 in disbursements.

Additionally, the court granted a Sanderson Order requiring the unsuccessful defendants to pay the costs of the successful defendant insurer directly.

The plaintiffs were injured when the SUV they were passengers in ran a red light and was struck by an OC Transpo bus.

The driver of the SUV was killed and admitted to be primarily at fault.

The plaintiffs sued the bus driver and the City of Ottawa, alleging the bus driver was also negligent.

The court found that the bus driver, despite having the right of way, owed a duty of care to avoid the collision.

The court held that the bus driver breached the standard of care of a professional driver by speeding, failing to adjust his driving for the snowy and slushy road conditions, and momentary inattention.

Relying on expert accident reconstruction evidence, the court concluded that but for the bus driver's negligence, the accident could have been avoided.

Liability was apportioned 80% to the SUV driver and 20% to the bus driver.

The defendant municipality brought a motion to bifurcate the trial into separate hearings for liability and damages in a catastrophic personal injury motor vehicle accident case.

The plaintiffs opposed the motion.

The court granted the motion, finding that the liability issues were distinct from the complex damages issues, and that a separate liability trial would likely save significant time and costs, especially since a damages trial would be unnecessary if the municipality was found not liable.

The court also granted the municipality leave to bring the motion after the action had been set down for trial.