Canada Judgment

Court of Appeal for Ontario

David v. Loblaw Companies Limited

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Source document

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 Robinson

Brenda Brooks

Plaintiff/appellant Counsel: Reidar Mogerman, K.C.; Jay Strosberg; Scott Robinson

Andrew Balodis

Plaintiff/appellant Counsel: Reidar Mogerman, K.C.; Jay Strosberg; Scott Robinson

Loblaw Companies Limited

Defendant

George Weston Limited

Defendant

Weston Foods (Canada) Inc.

Defendant

Weston Bakeries Limited

Defendant

Canada Bread Company, Limited

Defendant/appellant (coa 24 CV 1355) / Respondent (coa 24 CV 1333) Counsel: J. Thomas Curry; Andrew Locatelli

Grupo Bimbo, S.A.B. De C.V.

Defendant

Maple Leaf Foods Inc.

Defendant/respondent Counsel: Christopher P. Naudie; Adam Hirsh; Graeme Rotrand

Empire Company Limited

Defendant

Sobeys Inc.

Defendant

Metro Inc.

Defendant

Wal-Mart Canada Corp.

Defendant

Wal-Mart Stores, Inc.

Defendant

Giant Tiger Stores Limited

Defendant

Amounts and remedies

  • Costs Awarded: CAD 40,000

03

Procedural history

  1. Posture

    Class Proceedings / Appeal – Costs Determination After Dismissal of Appeals

04

Questions and positions

Legal issues

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

  1. 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.

  2. 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.

  3. 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

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Judgment text

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Source document

Court of Appeal for Ontario

Judgment· 7 January 2026

2026 ONCA 5

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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Authorities

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David v. Loblaw Companies Limited, 2025 ONCA 830

Case cited

Justice Edward M. Morgan, Superior Court of Justice reasons at 2024 ONSC 5818

Case cited

Class Proceedings Act, 1992

Legislation

Legislation referenced in the available case record.

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