Sabrina Lombardi

The plaintiff, a rideshare driver, commenced a proposed class action alleging that Lyft drivers are employees and entitled to protections under the Employment Standards Act, 2000.

The defendants moved to stay the action in favour of arbitration pursuant to the Arbitration Act, 1991, relying on the arbitration agreement in their Terms of Service.

The plaintiff argued the arbitration agreement was inaccessible, uncertain, unconscionable, contrary to public policy, and an unlawful contracting out of employment standards.

The court rejected the plaintiff's arguments, finding the arbitration agreement accessible, valid, and enforceable.

The court granted the motion and stayed the proposed class action in favour of arbitration.

The plaintiff, Jeff Mailloux, brought a motion under s. 29 of the Class Proceedings Act, 1992, for leave to discontinue a proposed class action against Nissan Canada Inc. with prejudice and without costs.

Nissan consented to the motion.

The class action concerned a products liability claim for pure economic losses related to defective Takata airbag inflators.

The motion for discontinuance was brought due to significant changes in the legal landscape regarding compensation for pure economic loss from negligent supply of faulty goods, which greatly diminished the prospects of a substantial economic recovery for the class members.

The court granted the motion, finding that the action was commenced for a proper purpose, putative class members were not prejudiced, and the proposed notice of discontinuance was satisfactory.

This motion sought court approval for a class action settlement concerning systemic abuse at Grenville Christian College.

The plaintiffs requested approval of the $10.875 million settlement agreement, Class Counsel's fees of $3,122,187.50, payment of the Class Proceedings Fund's levy, and honoraria for the five representative plaintiffs.

The court approved the settlement and Class Counsel's fees, finding them fair and reasonable given the significant litigation risks, particularly the erratic and limited insurance coverage available to the judgment-proof defendants.

However, the court denied the request for honoraria, emphasizing that such awards should be rare and exceptional, despite acknowledging the representative plaintiffs' valuable contributions.

This is a motion to discontinue a proposed class action concerning automobile airbags that had been recalled.

The action, which had not been certified, sought compensation for pure economic loss.

Due to developments in case law, particularly the Supreme Court of Canada's clarification on pure economic loss for defective products, the litigation risk increased, and the prospects for certification and substantial economic recovery diminished.

Class Counsel sought leave to discontinue the action with prejudice and without costs.

The court granted the motion, finding that the action was commenced for a proper purpose, the test for discontinuance was satisfied, and putative class members were not prejudiced, as limitation periods remained suspended.

In this class action, the plaintiffs brought a motion, with the defendants' consent, seeking court approval for the notice of a settlement approval hearing, the notice distribution plan, the procedure for class member objections, and the appointment of a notice administrator.

The court granted the motion, finding that the proposed notice and distribution plan complied with the Class Proceedings Act, 1992, and were consistent with practices in similar class action settlements, ensuring class members would be adequately informed of the proposed settlement and objection process.

The plaintiff, Adrian Wasylyk, brought a motion for court approval of a Litigation Funding Agreement with Omni Bridgeway (Fund 5) Canada Investments Ltd. for a proposed class action against Lyft, Inc. and Lyft Canada Inc., alleging misclassification of ride-share drivers as independent contractors.

The court reviewed the agreement against the requirements of s. 33.1 of the Class Proceedings Act, 1992, and common law principles for third-party funding.

The defendants took no position.

The court found the agreement fair, reasonable, and compliant with all statutory and jurisprudential requirements, granting the motion.

The plaintiffs in a proposed class action sought court approval to discontinue the action without costs and without prejudice to putative class members, except for the named plaintiffs.

The action concerned alleged negligent design of a 'Body Control Module' in certain vehicles.

The discontinuance was sought due to recent Supreme Court of Canada jurisprudence limiting recovery for pure economic losses in product liability cases, which significantly curtailed the prospect of a substantial award for the class.

The defendants consented to the discontinuance.

The court granted the motion, finding that the action was commenced for a proper purpose, and the discontinuance would not prejudice putative class members, as limitation periods remained suspended until discontinuance.

The plaintiffs in a proposed class action sought court approval to discontinue the action without costs and without prejudice to putative class members, except for the named plaintiffs.

The action concerned alleged negligent design of a transmission shift cable in certain vehicles.

The motion for discontinuance was brought due to recent Supreme Court of Canada jurisprudence limiting recovery for pure economic losses in product liability cases, which significantly curtailed the prospect of a substantial award for the putative class.

The defendants consented to the discontinuance.

The court granted the motion, finding that the action was commenced for a proper purpose, the putative class members were not prejudiced, and the proposed notice of discontinuance was adequate.

In a class action regarding institutional child abuse at Grenville Christian College, the court addressed the individual issues stage.

The defendants were judgment-proof and had erratic insurance coverage over the 25-year class period, creating a fairness issue where some class members would recover nothing while others would be fully compensated.

The court conditionally approved a three-step Individual Issues Litigation Plan that diverts uninsured claims to a claims program and pools recoveries from insured claims into a Distribution Fund to be shared fairly among all eligible class members.

At a case management conference in a class proceeding, certain defendants requested a timetable for a motion to dismiss the action for delay under s. 29.1 of the Class Proceedings Act, 1992.

The plaintiffs sought to file material, conduct written interrogatories, or summons witnesses to explore why other defendants took no position on the motion.

The court denied the plaintiffs' request for interrogatories and cross-examinations, finding them unnecessary, irrelevant, and likely to breach privilege.

Exercising its case management powers under s. 12, the court directed the motion to proceed in writing without cross-examinations and set a timetable.

In a class action concerning defective airbag inflators, the plaintiff brought an unopposed motion to lift a stay against Takata Corporation, dismiss the action with prejudice and without costs against Takata Corporation and TK Holdings Inc., and amend the title of proceedings to leave Nissan Canada Inc. as the sole defendant.

The motion followed bankruptcy and civil rehabilitation proceedings in the US and Japan, which were recognized in Canada under the CCAA and released the Takata entities from liability.

The court granted the order as requested.

This is an appeal from a common issues trial judgment in a class proceeding.

The class, comprising former boarding students of Grenville Christian College, alleged systemic negligence and breach of fiduciary duties due to abusive practices including corporal punishment and public humiliation.

The trial judge found class-wide breaches and awarded punitive damages.

The appellants sought to set aside the judgment, arguing errors in the trial judge's use of expert evidence and treatment of defence evidence.

The Court of Appeal dismissed the appeal, affirming the trial judge's findings of systemic negligence and breach of fiduciary duty, and that punitive damages were warranted, concluding that the trial judge's assessment of evidence and application of legal principles were sound.

This was an unopposed motion brought by the plaintiff to dismiss proceedings against Takata Corporation and TK Holdings Inc. with prejudice and without costs.

The dismissal was sought due to permanent injunctions and releases stemming from the defendants' Chapter 11 Plan (recognized by a US Bankruptcy Court and given effect in Canada under the CCAA) and the Japanese civil rehabilitation plan.

The court granted the motion, noting that the litigation would continue solely against FCA Canada Inc.

The plaintiffs moved for approval of a settlement agreement and class counsel fees in a product liability class action concerning defective Takata airbags installed in Honda vehicles.

The settlement provided a recall remedy, reimbursement of out-of-pocket expenses, and an outreach program, though its total monetary value was not readily calculable.

The court found the settlement to be fair, reasonable, and in the best interests of the class, noting the significant safety risks addressed.

The court also approved class counsel's fee request of $5,750,000 plus disbursements, finding it reasonable given the risks undertaken and the results achieved.

The plaintiffs, former boarding students of Grenville Christian College, brought a class action against the school and the estates of its former headmasters for systemic negligence and breach of fiduciary duty.

The court found that the school operated as a 'total institution' and employed abusive, arbitrary, and humiliating disciplinary practices, including excessive corporal punishment and public shaming, which fell below the standard of care for educational institutions in Ontario.

The court concluded that the defendants breached their duty of care and fiduciary obligations to the students, and that their conduct merited an award of punitive damages.

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 in a class action sought an order approving the certification of the action for settlement purposes, appointing representative plaintiffs, and approving notice and opt-out procedures.

The action concerned defective Takata airbags in Honda vehicles, following approximately 1.52 million vehicle recalls in Canada.

The court found that all criteria for certification under the Class Proceedings Act, 1992, were met, noting that these criteria may be applied less rigorously in a settlement context.

The motion was granted, approving the certification for settlement and related procedures.

The plaintiff brought a motion to certify a class action against Toyota for settlement purposes regarding defective Takata airbag inflators.

The court reviewed the five-part test under section 5 of the Class Proceedings Act, 1992, noting that the criteria may be less rigorously applied in a settlement context.

Finding that all criteria were satisfied, the court granted the motion, certified the action for settlement purposes, and approved the notice plan and appointment of administrators.

The plaintiffs, Arlene Stevenson and Mira Melien, brought a motion for certification of a class action against Mazda Motor Corporation, Mazda Canada Inc., and Subaru Canada Inc. for settlement purposes, along with approval of the notice plan, and appointment of administrators.

The class action concerned alleged economic loss arising from Takata airbag inflators in Mazda and Subaru vehicles.

The court found that all criteria for certification under the Class Proceedings Act, 1992 were satisfied, even with a less rigorous application in the settlement context.

The motion was granted, certifying the action for settlement purposes and approving the related relief.

The representative plaintiffs moved for approval of a $2.375 million settlement in a class action concerning the under-dosing of chemotherapy drugs at several hospitals.

The defendants, who supplied and administered the drugs, denied liability, arguing there was no evidence of clinical impact on patient outcomes and that the plaintiffs' psychological harm did not meet the legal threshold for a recognizable psychiatric illness.

The court approved the settlement, finding it fair, reasonable, and in the best interests of the class given the significant litigation risks, the lack of evidence showing clinical harm, and the recommendations of experienced class counsel.

The court also approved class counsel's requested fees of $400,000.