Bishop v. Northview GP Inc.

Bishop v. Northview GP Inc.

The court certified the proposed class proceeding but narrowed and restated the common issues: it found sufficient evidentiary basis for duty and standard-of-care issues against the defendants (including refined duties for HRM and HRWC) and for bailee-subclass claims, but refused to certify causation and damages questions as common issues because plaintiffs failed to provide evidence of a workable class‑wide methodology to determine causation or quantification of loss; the court allowed plaintiffs to amend the named manager defendant and required further submissions on wording of restated common issues and certain litigation plan items.

Citation
2021 NSSC 225
Parties
Intended General Class Representative Plaintiff: Dawn Bishop; Intended Sub Class Representative Plaintiff: Trevor Hurley; Intended Sub Class Representative Plaintiff: Linda McInnis; Intended Sub Class Representative Plaintiff: John Breisch; Intended Sub Class Representative Plaintiff: Adam Pesant; Named Property Manager Defendant: Northview GP Inc. (named) / MetCap Living Management Inc. (identification issue); Building Owner Defendant: D.D. 81 Primrose Ltd.; Municipal Defendant: Halifax Regional Municipality; Water Services Defendant: Halifax Regional Water Commission
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
12 July 2021
Procedural Posture
Class Proceeding Certification Motion / Certification Decision (motion Heard Feb 22, 2021; Decision July 12, 2021)
Outcome
Proceeding certified as a class proceeding with revised/common issues; certain proposed common issues relating to causation and damages denied; leave granted to amend misnamed manager defendant; further submissions ordered on wording and aspects of the litigation plan.
Legal Topics
Class Certification, Common Issues, Duty of Care, Standard of Care, Causation of Loss, Litigation Plan, Preferability, Occupiers Liability, Covenant to Insure
Source Language
English
Class Actions Negligence Municipal Liability Occupiers' Liability Bailee Liability Insurance Law Causation Damages +10 more

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Parties

Dawn Bishop

Intended General Class Representative Plaintiff

Trevor Hurley

Intended Sub Class Representative Plaintiff

Linda McInnis

Intended Sub Class Representative Plaintiff

John Breisch

Intended Sub Class Representative Plaintiff

Adam Pesant

Intended Sub Class Representative Plaintiff

Northview GP Inc. (named) / MetCap Living Management Inc. (identification issue)

Named Property Manager Defendant

D.D. 81 Primrose Ltd.

Building Owner Defendant

Halifax Regional Municipality

Municipal Defendant

Halifax Regional Water Commission

Water Services Defendant

Procedural Posture

Class Proceeding Certification Motion / Certification Decision (motion Heard Feb 22, 2021; Decision July 12, 2021)

Legal Issues

  1. 1 Whether the pleadings disclose a cause of action for negligence/contract/bailee liability
  2. 2 Whether there is an identifiable class and appropriate representatives
  3. 3 Which common issues are suitable for certification under s.7(1)(c) CPA

Ratio Decidendi

The court certified the proposed class proceeding but narrowed and restated the common issues: it found sufficient evidentiary basis for duty and standard-of-care issues against the defendants (including refined duties for HRM and HRWC) and for bailee-subclass claims, but refused to certify causation and damages questions as common issues because plaintiffs failed to provide evidence of a workable class‑wide methodology to determine causation or quantification of loss; the court allowed plaintiffs to amend the named manager defendant and required further submissions on wording of restated common issues and certain litigation plan items.

Court Disposition

Proceeding certified as a class proceeding with revised/common issues; certain proposed common issues relating to causation and damages denied; leave granted to amend misnamed manager defendant; further submissions ordered on wording and aspects of the litigation plan.

Orders

  • Proceeding certified as a class proceeding.
  • Common issues certified in refined form: duties and standards of care against D.D. 81 Primrose Ltd., Northview (as pleaded), HRM and HRWC as set out by the Court; specific common issues for subclasses A, C and D as restated by the Court.