Stephanie Willsey

The plaintiffs sought to certify a class action against the Toronto Police Services Board and several Chiefs of Police regarding the practice of 'carding' or street checks.

The plaintiffs alleged that the practice disproportionately targeted Black and Indigenous individuals, violating their Charter rights and constituting systemic negligence and intrusion upon seclusion.

The court found that the plaintiffs met all the criteria for certification under section 5(1) of the Class Proceedings Act, 1992, including establishing a valid cause of action, an identifiable class, common issues, preferable procedure, and suitable representative plaintiffs.

The motion for certification was granted.

The appellants appealed the dismissal of their medical malpractice action.

The trial judge found that the respondent breached the standard of care by discharging the appellant without reviewing an MRA, but concluded that this negligence did not cause the appellant's second, severe stroke.

The Court of Appeal upheld the trial judge's decision, finding no error in the admission of expert evidence and agreeing that the appellants failed to establish a prima facie case on causation, as the evidence did not show that treatment with Heparin would have been more effective than Aspirin in preventing the second stroke.

The plaintiff class sought approval of class counsel fees, disbursements, and honoraria for the representative plaintiff and another class member following a settlement in a privacy class action against SiriusXM.

The court approved the requested $75,000 in class counsel fees, finding them fair and reasonable given the risk undertaken and the time expended.

The court also approved $5,000 honoraria for the two class members due to their active involvement and exposure to costs risks.

However, the court reduced the requested disbursements from $75,000 to $55,657.36, rejecting class counsel's attempt to claim firm overhead as a disbursement.

The plaintiff brought a motion to approve a settlement in a class proceeding against SiriusXM regarding the alleged unlawful collection and use of personal information from vehicle purchasers.

The proposed settlement provided for a $150,000 cy-près payment to the Automobile Protection Association to fund a privacy best practices report, with no direct compensation to class members.

The court found the settlement fair and reasonable given the significant risks in the litigation, including the lack of evidence of actual harm or data breach, and the strong defences available to the defendants.

The settlement was approved.