The representative plaintiff in a proposed class proceeding sought leave to discontinue the action under s. 29(1) of the Class Proceedings Act, 1992.
The claim concerned retiree health benefits allegedly promised to spouses of employees who accepted an early retirement program.
The representative plaintiff ceased to have a personal cause of action after his spouse predeceased him and he was unable to find another class member willing to assume the representative role.
The court held that, given the small class size, lack of interest among potential class members, and the marginal economics of the litigation, discontinuance was appropriate.
Leave to discontinue was granted subject to notice being provided to potential class members.
