David v. Loblaw Companies Limited
- Citation
- 2026 ONCA 5
- Status
- Judgment
- Jurisdiction
- Canada
- Court
- Court of Appeal for Ontario
- Decision
- 7 January 2026
- Posture
- Class Proceedings / Appeal – Costs Determination After Dismissal of Appeals
- Language
- English
More details
- Court
- Court of Appeal for Ontario
- Decision
- 7 January 2026
- Posture
- Class Proceedings / Appeal – Costs Determination After Dismissal of Appeals
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The appeals were dismissed and the court gave effect to the parties' agreement on costs, awarding $40,000 all inclusive to Maple Leaf Foods Inc., apportioned $20,000 payable by the appellants Marcy David, Brenda Brooks and Andrew Balodis and $20,000 payable by Canada Bread Company, Limited.
Court disposition
Appeals dismissed; costs awarded to respondent Maple Leaf Foods Inc. in the agreed sum of $40,000, payable as allocated between the appellants and Canada Bread Company, Limited.
Orders
- Awarded costs of the appeals to Maple Leaf Foods Inc. in the total sum of $40,000 all inclusive.
- Payment to be made $20,000 by the appellants Marcy David, Brenda Brooks, and Andrew Balodis and $20,000 by Canada Bread Company, Limited.
02
Material facts
Parties
Marcy David
Plaintiff/appellant Counsel: Reidar Mogerman, K.C.; Jay Strosberg; Scott RobinsonBrenda Brooks
Plaintiff/appellant Counsel: Reidar Mogerman, K.C.; Jay Strosberg; Scott RobinsonAndrew Balodis
Plaintiff/appellant Counsel: Reidar Mogerman, K.C.; Jay Strosberg; Scott RobinsonLoblaw Companies Limited
DefendantGeorge Weston Limited
DefendantWeston Foods (Canada) Inc.
DefendantWeston Bakeries Limited
DefendantCanada Bread Company, Limited
Defendant/appellant (coa 24 CV 1355) / Respondent (coa 24 CV 1333) Counsel: J. Thomas Curry; Andrew LocatelliGrupo Bimbo, S.A.B. De C.V.
DefendantMaple Leaf Foods Inc.
Defendant/respondent Counsel: Christopher P. Naudie; Adam Hirsh; Graeme RotrandEmpire Company Limited
DefendantSobeys Inc.
DefendantMetro Inc.
DefendantWal-Mart Canada Corp.
DefendantWal-Mart Stores, Inc.
DefendantGiant Tiger Stores Limited
DefendantAmounts and remedies
- Costs Awarded: CAD 40,000
03
Procedural history
Posture
Class Proceedings / Appeal – Costs Determination After Dismissal of Appeals
04
Questions and positions
Legal issues
- 01
Whether costs of the appeals should be awarded to the respondent
- 02
Proper quantum of costs to be awarded
- 03
Allocation of the agreed costs among multiple appellants
Party arguments
- Applicant
- The appellants contested costs on appeal but ultimately reached an agreement with the respondent; they did not seek a different allocation than the settlement reflected.
- Respondent
- The respondent Maple Leaf Foods Inc. sought costs of the appeals and accepted the parties' negotiated settlement for a fixed all‑inclusive amount payable by the appellants and Canada Bread Company, Limited.
05
Court’s reasoning
Legal principles
- 01
Court of Appeal practice and common law discretion
An appellate court has discretion to award costs and may give effect to parties' agreement on costs.
- 02
Civil litigation costs principles and appellate practice
Costs awards may be allocated among multiple parties in accordance with agreement or the court's apportionment.
- 03
Class Proceedings Act, 1992
Proceedings under the Class Proceedings Act proceed with the same costs principles unless otherwise provided.
06
Ratio, limits and disposition
Ratio decidendi
The appeals were dismissed and the court gave effect to the parties' agreement on costs, awarding $40,000 all inclusive to Maple Leaf Foods Inc., apportioned $20,000 payable by the appellants Marcy David, Brenda Brooks and Andrew Balodis and $20,000 payable by Canada Bread Company, Limited.
Court disposition
Appeals dismissed; costs awarded to respondent Maple Leaf Foods Inc. in the agreed sum of $40,000, payable as allocated between the appellants and Canada Bread Company, Limited.
- Awarded costs of the appeals to Maple Leaf Foods Inc. in the total sum of $40,000 all inclusive.
- Payment to be made $20,000 by the appellants Marcy David, Brenda Brooks, and Andrew Balodis and $20,000 by Canada Bread Company, Limited.
Source and reliance status
Court of Appeal for Ontario · 7 January 2026
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Court of Appeal for Ontario
Judgment· 7 January 2026
David v. Loblaw Companies Limited Collection Decisions of the Court of Appeal Date 2026-01-07 Neutral citation 2026 ONCA 5 Docket numbers COA-24-CV-1333, COA-24-CV-1355 Judges Hourigan, C. William; Zarnett, Benjamin; Sossin, Lorne Subject Civil Decision Content
COURT OF APPEAL FOR ONTARIO CITATION: David v. Loblaw Companies Limited, 2026 ONCA 5 DATE: 20260107 DOCKET: COA-24-CV-1333 & COA-24-CV-1355 Hourigan, Zarnett and Sossin JJ.A.
BETWEEN Marcy David, Brenda Brooks and Andrew Balodis Plaintiffs (Appellants) and Loblaw Companies Limited, George Weston Limited, Weston Foods (Canada) Inc., Weston Bakeries Limited, Canada Bread Company, Limited*, Grupo Bimbo, S.A.B. De C.V., Maple Leaf Foods Inc., Empire Company Limited, Sobeys Inc., Metro Inc., Wal-Mart Canada Corp., Wal-Mart Stores, Inc. and Giant Tiger Stores Limited Defendants (Appellant*/Respondent) Proceeding under the Class Proceedings Act, 1992 Reidar Mogerman, K.C., Jay Strosberg, and Scott Robinson, for the appellants Marcy David, Brenda Brooks, and Andrew Balodis (COA-24-CV-1333) J. Thomas Curry and Andrew Locatelli, for the appellant (COA-24-CV-1355)/respondent (COA-24-CV-1333) Canada Bread Company, Limited Christopher P. Naudie, Adam Hirsh, and Graeme Rotrand, for the respondent Maple Leaf Foods Inc. Heard: September 15, 2025 On appeal from the order of Justice Edward M. Morgan of the Superior Court of Justice dated October 25, 2024, with reasons reported at 2024 ONSC 5818. COSTS: REASONS FOR DECISION [1] On December 3, 2025, we dismissed the appeals and invited the parties to make written submissions on the costs of the appeals if they were unable to agree: David v. Loblaw Companies Limited, 2025 ONCA 830, at para. 59. [2] The parties have advised that they have reached agreement. In accordance with that agreement, we award costs of the appeals in favour of the respondent, Maple Leaf Foods Inc., in the total sum of $40,000 all inclusive, payable $20,000 by the appellants Marcy David, Brenda Brooks, and Andrew Balodis and $20,000 by the appellant Canada Bread Company, Limited. “C.W. Hourigan J.A.” “B. Zarnett J.A.” “L. Sossin J.A.”
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