Scott Maidment

The tenants under two long-term ground leases appealed a majority arbitration award determining the fair market value of the lands for rent re-set purposes.

The court upheld the arbitrators' finding that the freehold interest, not the leasehold interest, was to be valued.

However, the court found the arbitrators erred in law by including the potential value of a freehold residential condominium project in the valuation, as a prior Divisional Court decision between the parties established that development potential unavailable to the tenants due to legal restrictions must be excluded.

Finding that issue estoppel applied to this prior determination, the court set aside the arbitration award and ordered a new hearing.

The plaintiffs moved to certify a proposed product liability class action for settlement purposes and to approve a negotiated settlement and class counsel fees under the Class Proceedings Act, 1992.

The action alleged design and manufacturing defects in certain windows that permitted water penetration and caused wood rot and property damage.

The court held that the requirements for certification under s. 5(1) were met in the settlement context and that a class proceeding was the preferable procedure.

The proposed settlement, which provided compensation through a claims process or expedited arbitration and included no cap on total benefits, was found to be fair, reasonable, and in the best interests of the class.

The court also approved class counsel fees of $650,000 as reasonable in light of the risks and work undertaken.

The plaintiffs sought certification of a price‑fixing class action for settlement purposes against certain chocolate manufacturers and approval of a settlement with one defendant.

The action alleged a conspiracy to fix, maintain, or stabilize prices of chocolate confectionery products in Canada, contrary to competition law.

The court considered the requirements for certification under the Class Proceedings Act, 1992 and approved certification for settlement purposes, noting that common issues and preferable procedure criteria were satisfied.

The court further approved a $5.3 million settlement with the settling defendant, including cooperation provisions and a most‑favoured‑nation clause, finding the compromise fair, reasonable, and in the best interests of the class.

An interim class counsel fee award of $800,000 inclusive of disbursements and tax was approved, subject to possible adjustment depending on future settlements.