Sumaiya Akhter

The court approved a class action settlement regarding balcony guardrail failures at the Matrix Towers in Toronto, which led to residents being deprived of balcony access for up to 3.5 years.

The settlement provides a lump sum per unit, regardless of unit size, and includes approval of class counsel fees and disbursements but denies honoraria for the representative plaintiffs.

The decision reviews the risks of litigation, the fairness of the settlement, comparator cases, and the legal standards for settlement approval, counsel fees, and honoraria.

The plaintiffs brought a motion to certify a class action against Facebook, alleging the unauthorized sharing of user data with third-party apps.

The court struck the claims for breach of confidence and breaches of the privacy statutes of British Columbia, Manitoba, and Newfoundland and Labrador, but found the pleadings disclosed causes of action for breach of contract, intrusion upon seclusion, disgorgement, and breach of the Saskatchewan Privacy Act.

The court excluded the plaintiffs' proposed expert evidence but admitted various documentary exhibits.

While the court approved several common issues, it found others required individual inquiries and adjourned the motion to allow the plaintiffs to propose a revised class definition and litigation plan.

The plaintiffs in a proposed class action sought a mid-certification motion adjournment to introduce new expert evidence, arguing a gap in their existing evidence regarding the class members' stake in the litigation.

The defendants opposed, characterizing the request as a fundamental re-conceptualization of the claim.

The court granted the adjournment, finding that the proposed new evidence would indeed necessitate a significant re-do of the case, including potential amendments to pleadings and common issues, and possibly a redefinition of the class.

Due to the substantial prejudice caused to the defendants by this shift, the court ordered the plaintiffs to pay costs thrown away.