Sylvie Rodrigue

The plaintiff, David Trueman, in a proposed class action, sought leave to amend the Fourth Amended Statement of Claim to add a new sub-class and particularize existing claims.

The proposed amendments related to allegations that Rogers Communications and Rogers Bank obtained private credit information through unauthorized soft credit checks to pre-approve and issue unsolicited credit cards, in breach of privacy rights and contract.

The defendants opposed, arguing the amendments introduced a new, time-barred claim based on a breach of Bank Act regulations.

The court found that the amendments did not introduce a new cause of action but rather particularized existing claims for breach of contract and privacy, with the issuance of unsolicited credit cards being a consequence of the alleged wrongful conduct.

Therefore, no limitation period issue arose.

The court granted the plaintiff's motion to amend the statement of claim and awarded costs to the plaintiff.

The plaintiffs sought judicial approval of a $25 million settlement in two pharmaceutical class actions alleging that the diabetes drug PIO caused bladder cancer and that the defendants failed to warn of this risk.

The court initially raised concerns about the settlement amount compared to a $2.4 billion U.S. settlement, but approved it after class counsel provided evidence of recent scientific studies undermining causation and differences in market size and litigation risk.

The court also approved class counsel's 30% contingency fee and awarded a reduced honorarium of $1,500 to each representative plaintiff.

This is a class proceeding concerning alleged defects in Toyota Tundra, Tacoma, and Sequoia vehicle frames.

The plaintiffs and defendant reached a comprehensive settlement agreement, which included a voluntary notice, recall, inspection, repair, and replacement program for affected vehicles.

The Ontario Superior Court of Justice, in coordination with the Quebec Superior Court, approved the settlement under section 29 of the Class Proceedings Act, finding it fair, reasonable, and in the best interest of the class.

The court also approved class counsel fees and disbursements, and modest honoraria for the representative plaintiffs, noting that these payments were separate from the class benefits.

The court retained jurisdiction to supervise the settlement's implementation and required a final report from the claims administrator.

The plaintiff brought a motion to certify a class proceeding against the defendant employer for unpaid overtime.

The proposed class included non-management employees subject to the defendant's overtime policy.

The court found that the pleadings disclosed valid causes of action in breach of contract, unjust enrichment, and negligence.

The court certified the action, finding that there was an identifiable class, common issues regarding systemic practices and aggregate damages, that a class proceeding was the preferable procedure, and that the plaintiff was an appropriate representative.