Barkley v. Tier 1 Capital Management Inc.

Barkley v. Tier 1 Capital Management Inc.

The motion judge correctly concluded that the pleadings disclose no reasonable cause of action against the respondents under s.5(1)(a) of the Class Proceedings Act; there was no error in law or principle and the appeal is dismissed.

Citation
2019 ONCA 54
Parties
Plaintiff/appellant: Valerie Barkley; Plaintiff/appellant: Ronald Beaupre; Defendant/respondent: Tier 1 Capital Management Inc.; Defendant/respondent: Dowarka Persaud; Defendant/respondent: T1CM Principal Secured Mortgages Inc.; Defendant/respondent: Preeya Persaud; Defendant/respondent: Patrick W. Jackson; Defendant/respondent: John Lally; Defendant/respondent: John G. Simmonds; Defendant/respondent: J. Paul Fletcher; Defendant/respondent: Fletcher & Crichlow LLP; Defendant/respondent: Olympia Trust Company; Defendant/respondent: KMJ & Associates Ltd.; Defendant/respondent: Robert W. Gowdy; Defendant/respondent: Mondville Holdings Ltd.; Defendant/respondent: Nicholas Dookhie; Defendant/respondent: Diane Chetram; Defendant/respondent: John Doe; Defendant/respondent: Jane Doe
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
25 January 2019
Procedural Posture
Civil Class Action Certification Appeal / Appeal From Motion Judge's Order Refusing Certification and Dismissing Claims
Outcome
Appeal dismissed
Legal Topics
Class Certification, Duty of Care, Pleading Standard, Application of Law to Facts, Costs Assessment
Source Language
English
Class Actions Tort Civil Procedure Costs Class Certification Duty of Care Pleading Standard Application of Law to Facts +1 more

Case Brief

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Parties

Valerie Barkley

Plaintiff/appellant

Ronald Beaupre

Plaintiff/appellant

Tier 1 Capital Management Inc.

Defendant/respondent

Dowarka Persaud

Defendant/respondent

T1CM Principal Secured Mortgages Inc.

Defendant/respondent

Preeya Persaud

Defendant/respondent

Patrick W. Jackson

Defendant/respondent

John Lally

Defendant/respondent

John G. Simmonds

Defendant/respondent

J. Paul Fletcher

Defendant/respondent

Fletcher & Crichlow LLP

Defendant/respondent

Olympia Trust Company

Defendant/respondent

KMJ & Associates Ltd.

Defendant/respondent

Robert W. Gowdy

Defendant/respondent

Mondville Holdings Ltd.

Defendant/respondent

Nicholas Dookhie

Defendant/respondent

Diane Chetram

Defendant/respondent

John Doe

Defendant/respondent

Jane Doe

Defendant/respondent

Procedural Posture

Civil Class Action Certification Appeal / Appeal From Motion Judge's Order Refusing Certification and Dismissing Claims

Legal Issues

  1. 1 Whether the pleadings disclose a reasonable cause of action against the respondents for purposes of certification under s.5(1)(a) of the Class Proceedings Act, 1992
  2. 2 Whether the motion judge erred in applying duty of care principles to the facts as pleaded against the respondents
  3. 3 Whether the motion judge's costs award was erroneous

Ratio Decidendi

The motion judge correctly concluded that the pleadings disclose no reasonable cause of action against the respondents under s.5(1)(a) of the Class Proceedings Act; there was no error in law or principle and the appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Costs to the respondents each in the amount of $10,000, inclusive of disbursements and all applicable taxes