Sean Brown

In a certified class action concerning contaminated heater-cooler systems used in open-heart surgery, the defendants brought a motion seeking directions to prohibit Class Counsel from providing medical advice or information to class members about the infection risk.

The court dismissed the motion, holding that it is not the defendants' or the court's role to altruistically protect class members from their own lawyers' communications, nor should the court preemptively regulate medicolegal advice given by Class Counsel to gather evidence and prosecute the case.

At a case conference, the parties presented a proposed settlement of the class action and sought approval for the Short Form and Long Form Notice to notify class members.

The court approved the proposed forms and means of notice, noting they were effectively the same as those used for the certification order.

A settlement approval hearing was scheduled for February 5, 2021.

Two competing class actions were commenced following a cyberattack and privacy breach at Casino Rama.

The plaintiffs in the Kaplan Action and the plaintiff in the Harman Action both sought carriage of the proceeding.

The court applied the seven non-exhaustive factors for determining carriage, noting that the Kaplan Action counsel had more class action experience, a better class definition, and a more refined theory of the case.

The Harman Action counsel argued that their action would proceed faster in the Oshawa court, providing speedier access to justice.

The court rejected the speed argument as determinative on the facts and granted carriage to the Kaplan Action, staying the Harman Action.