COURT FILE NO.: CV-22-00681748-00CP
DATE: 20231219
SUPERIOR COURT OF JUSTICE - ONTARIO
RE: Jaderlyne DeSouza, a minor, by her litigation guardian Joseph DeSouza
AND:
Meta Platforms Inc., Instagram Inc. Instagram, LLC
BEFORE: J.T. Akbarali J.
COUNSEL: John J. Adair, Alex Fidler-Wener, Johnathan C. Lisus, Crawford Smith and Matthew Law, for the plaintiff
Michael Rosenberg and Gillian Kerr, for the defendants
HEARD: In writing
Proceeding under the Class Proceedings Act, 1992
ENDORSEMENT
[1] The parties to this putative class action have agreed on the form of a draft order discontinuing this action with prejudice. The plaintiff is a minor represented by a litigation guardian.
[2] Similar claims to those made in this proceeding form the basis for a proposed class proceeding in British Columbia bearing Action No. 223013, A.B. Infant (Litigation Guardian of) v. Facebook Inc., et al.
[3] The court must approve of a discontinuance of a class proceeding pursuant to s. 29(1) of the Class Proceedings Act, 1992, S.O. 1992, c. 6.
[4] I approve of the discontinuance sought. The claims will continue to be pursued in the British Columbia proceeding. Moreover, in my view, no notice need be given of the discontinuance to the class. This matter was discontinued at an early stage in favour of allowing the British Columbia matter to proceed. There is no purpose to be served by giving notice of this discontinuance.
[5] Order to go in accordance with the draft I have signed.
J.T. Akbarali J.
Date: December 19, 2023