Stephen Stieber

Following the dismissal of a proposed class action certification motion and the dismissal of claims against one defendant for failure to disclose a reasonable cause of action, the court determined the appropriate costs awards.

The defendants sought substantial partial indemnity costs for successfully resisting certification and for obtaining dismissal of the claim against the diocesan defendant.

The plaintiffs and the Class Proceedings Fund argued for reductions based on public interest, access to justice concerns, and alleged unnecessary litigation steps.

The court rejected arguments for a public interest or access-to-justice discount and confirmed that the ordinary rule that costs follow the event applies in class proceedings.

The Grenville defendants were awarded their full claimed costs, while the diocesan defendant’s claim was reduced as excessive.

The plaintiffs, former residential students at Grenville Christian College, moved to certify a class action against the school, its former headmasters, and the Anglican Diocese of Ontario, alleging systemic physical and psychological abuse and religious indoctrination.

The court dismissed the action against the Diocese, finding it plain and obvious that the Diocese owed no duty of care, was not vicariously liable, and had no fiduciary relationship with the students.

The court also dismissed the certification motion against the remaining defendants, concluding that a class proceeding was not the preferable procedure because the common issues of systemic negligence would not significantly advance the individual claims.

Instead, the court suspended the dismissal for six months to allow the plaintiffs to propose a new litigation plan to continue the action as a group of case-managed individual actions.