2 total
Costs of leave motion and appeal fixed at $120,000 payable to successful respondents.
The respondents were successful on a motion for leave to appeal and the subsequent appeal.
They sought costs of $82,692.85 for the leave motion and $108,534.16 for the appeal.
The appellant argued the amounts were excessive and sought its own costs for the leave motion.
The Divisional Court found the respondents' claimed costs excessive given the focused nature of the issues and the number of hours docketed.
The court fixed costs payable to the respondents at $120,000.00 inclusive of HST and disbursements.
Appeal of class action certification dismissed; whether customs brokerage services were unsolicited is a common issue.
The appellant courier company appealed a class action certification order, arguing the motions judge erred in certifying a common issue regarding whether its customs brokerage services were 'unsolicited' under the Consumer Protection Act.
The appellant contended that determining whether services were unsolicited required an individualized inquiry into each consumer's knowledge and intent.
The Divisional Court dismissed the appeal, finding the claim was systemic and based on standard form contracts that did not mention brokerage fees, meaning the issue could be determined on a common basis without individualized inquiries.
