Tyler J. Planeta

On a motion in a proposed class proceeding, the moving party sought an order sealing specified portions of the responding record containing sensitive youth-related personal information, with alternative relief based on statutory privacy protections under the CYFSA and YCJA.

Applying the Sherman Estate framework and related appellate authorities, the court found a serious risk to an important public interest in protecting youth privacy and concluded narrower alternatives were insufficient.

The court held the salutary effects, including protection of dignity and trial fairness, outweighed the limited deleterious effect on the open court principle given the scope of the material.

An interim sealing order was granted on agreed terms, and the alternative statutory declaration was not decided.

This is a class action alleging financial misrepresentations in the sale of the defendant's securities.

The class comprises persons or entities who acquired securities between March 30, 2011 and November 7, 2013.

The action was certified under the Class Proceedings Act in December 2018.

The parties reached a proposed settlement whereby the defendant will pay $6,800,000 without admitting liability to resolve all claims.

The court approved the notice plan for dissemination to class members and appointed Epiq Global as the settlement administrator.

A settlement approval hearing was scheduled for December 2, 2025.

A putative class action concerning allegations of systemic negligence and breaches of fiduciary duty in children's homes.

The defendants brought a pre-certification motion seeking production of the plaintiff's and supporting affiants' Children's Aid Society files, as well as alternative relief requesting that the applicable Children's Aid Societies produce the files of the supporting affiants.

The court dismissed the motion, finding that the defendants failed to establish that the Children's Aid Society files were necessary and relevant to the issues on certification.

The court emphasized the high burden on parties seeking production of child welfare files due to privacy protections and the statutory prohibitions under the Child, Youth and Family Services Act.

The court also clarified that in systemic negligence cases, certification can be determined without reference to individual class members' circumstances.

The plaintiff was awarded costs of $12,500.

This decision concerns the approval of a settlement and a plan of allocation in a securities class action, along with class counsel's fees and disbursements.

The plaintiff sought approval for a US$3 million settlement with the Gatos Defendants and Electrum Group entities, following an earlier settlement with the Tetra Tech Defendants.

The court found the Gatos Settlement to be fair, reasonable, and in the best interests of the class, noting it was reached through arm's length negotiations and recovered a significant portion of estimated damages despite litigation risks.

Class counsel's requested fees (25% contingency) and disbursements were also approved as fair and reasonable, considering the complexity and risks of the multi-stage litigation.

This is a securities class action where the Plaintiff sought approval of a settlement with the Tetra Tech Defendants and pre-settlement orders for a proposed settlement with the Gatos Defendants.

The court approved the C$1,000,000 settlement with the Tetra Tech Defendants, finding it fair, reasonable, and in the best interests of the class.

For the Gatos Defendants, the court granted leave to proceed under section 138.8 of the Securities Act, certified the action as a class proceeding for settlement purposes, and approved the proposed notice plan and ancillary orders, paving the way for a future US$3,000,000 settlement approval motion.

In a securities class action, the plaintiff sought multiple orders in advance of a settlement approval motion.

The plaintiff requested leave to proceed against Tetra Tech, Inc. under the Securities Act, leave to discontinue common law negligence and negligent misrepresentation claims against Tetra Tech, and certification of the action as a class proceeding against Tetra Tech for settlement purposes.

Additionally, the plaintiff sought approval to discontinue the action against the Underwriter Defendants based on a Standstill and Tolling Agreement.

The court granted all requested orders, finding that the criteria for leave and certification were met and that the discontinuance against the Underwriter Defendants would not prejudice the class.

Appellants brought a proposed class action alleging that respondents conspired to divide the beer market contrary to section 45(1) of the Competition Act through a Framework Agreement signed in 2000, and that a surcharge levied by Brewers Retail on licensees violated the Liquor Control Act.

The motion judge dismissed the action on the basis that the regulated conduct defence was available to the respondents.

The Liquor Control Act authorized the impugned conduct.

The Ontario legislature subsequently enacted retroactive amendments in 2015 to remove any doubt that the conduct was authorized.

The Court of Appeal upheld the dismissal, finding that the regulated conduct defence insulated the respondents from liability and that retroactive legislation could provide authorization for the defence.

The plaintiffs brought a motion seeking an interim stay and an adjournment of a scheduled certification motion in Ontario.

The purpose was to pursue certification of a national class in a parallel class proceeding in British Columbia, citing the death of lead counsel in BC and anticipated legislative changes allowing opt-out national classes there.

The court denied the motion, finding the request was a late-stage tactical shift amounting to forum shopping, inefficient, and unfair to the defendant and class members, especially given the Ontario action's advanced stage and prior agreements on scheduling.

This addendum corrects an error in a previous costs decision (2018 ONSC 4862) regarding the amount of costs requested by Brewers Retail Inc. The original decision mistakenly stated Brewers Retail requested $600,000 on a partial indemnity basis, when the correct amount, based on an amended bill of costs, was $744,396.42, all inclusive, comprising fees, HST, and disbursements.

The court confirmed the costs award subject to this correction.