Sonalben Gandhi

The plaintiff, Erwin Banfi, brought a motion for approval of a class action settlement and class counsel fees against multiple municipal and provincial defendants concerning alleged increased flood risk and reduced property values due to overdevelopment in Oakville.

The action, initially premised on property diminution, shifted focus due to difficulties in proving causation and quantifying individual damages.

The proposed settlement involved a $500,000 payment by defendants to the Intact Centre on Climate Adaptation for a flood education and protection program for class members, and class counsel fees of $495,000.

The court approved the cy-près settlement, finding it fair, reasonable, and in the best interests of the class, given the litigation's challenges and the material benefit provided to class members.

Class counsel fees and a $5,000 honorarium for the representative plaintiff were also approved.

The defendant, His Majesty the King in Right of Ontario, brought a motion to strike the plaintiff's, Scott McAnsh's, proposed class action claim.

The plaintiff, a former adjudicator with a fixed-term appointment to the Assessment Review Board, sued for breach of contract, alleging that the government's failure to reappoint him after his term expired constituted a termination of employment and violated a promise of extended tenure.

The court dismissed the action, holding that statutory appointments to administrative tribunals are not employment contracts, and there is no legal obligation or right to reappointment after a fixed term expires.

The court affirmed that the decision to reappoint rests solely with Cabinet's discretion, which cannot be fettered by alleged promises or political considerations, and that fixed-term appointments are consistent with adjudicative independence.

The appellants, owners of a residential property in Caledon, Ontario, appealed a decision dismissing their application against the Ontario Heritage Trust and a local resident.

The appellants' property is accessible only via a 1 km driveway through parkland owned by the OHT, over which they hold an easement for ingress and egress.

The appellants claimed the easement granted them exclusive use of the driveway and sought to prevent public access by hikers using trails on the OHT property.

The court upheld the lower court's decision, finding that the deed of easement did not grant exclusive use, that public use by hikers did not substantially interfere with the appellants' easement rights, and that an injunction against the publication of a hiking guide was not warranted.

The court considered the allocation of approximately $7.45 million in Strategic Program Investment funds, representing unclaimed settlement funds from three class actions concerning institutional abuse at Huronia, Rideau, and Southwestern Regional Centres.

The Plaintiffs sought approval for allocations to 37 applicants, while the Crown disputed parts of the proposal, advocating for increased funding for People First of Ontario or the McMaster University project, and raising concerns about accountability, potential bias, direct individual benefits, and artistic projects.

The court approved the Plaintiffs' allocation with adjustments, disapproving certain applications that provided direct individual benefits or were deemed disproportionate artistic projects, redirecting those funds to People First of Ontario and the McMaster University project, and establishing an accountability mechanism through the Administrator.

The applicants sought a declaration of exclusive use over a right-of-way (ROW) connected to their property and permanent injunctions against the Ontario Heritage Trust (OHT) and Nicola Ross.

The OHT, as the servient tenement owner, permitted public access to the ROW, which also served as access to the Bruce Trail.

The court dismissed the application, finding that the easement did not grant exclusive use to the applicants and that there was no substantial interference with their rights.

The court also found the applicants lacked "clean hands" due to misleading evidence and dismissed the injunction claim against Ms. Ross, noting her statements were consistent with OHT's position and not made with malice.

This decision approves a $35.9 million class action settlement and legal fees for a fourth class action concerning abuses in provincial "Schedule 1" facilities.

The settlement mirrors three previous approvals (Huronia, Rideau, Southwestern) and provides a claims-based compensation scheme for individuals with developmental disabilities who resided in 12 named facilities.

The court found the settlement to be fair and reasonable, particularly because the Huronia settlement, which served as the template, was reached just before trial, ensuring counsel had a comprehensive understanding of litigation risks and rewards.