Rebecca Case

The plaintiff sought costs for three contested motions in a class action regarding a listeria outbreak: a motion for leave, a certification motion, and a summary judgment motion.

The defendants argued for no costs or a reduced award, citing divided success and the novelty of the legal issues.

The court found the plaintiff was the successful party overall and that the issues were not novel.

The court awarded the plaintiff costs of $10,000 for the leave motion, $120,000 for the certification motion, and $20,000 for the summary judgment motion, plus disbursements and HST.

In a class action regarding allegedly illegal bingo licensing fees, the defendants brought a motion to lift an interim protection order that prevented them from sharing the identities of class members who opted out with their municipal clients.

The plaintiffs opposed, arguing that revealing the identities could harm the charities' fundraising efforts.

The court applied the Sierra Club test and found insufficient evidence of a serious threat to the commercial interests of the potential class members.

Emphasizing the open court principle, the court granted the defendants' motion and lifted the protection order.