Garland v. Enbridge Gas Distribution Inc.
The appeal was resolved on consent: the appellant shall receive $95,000 all inclusive, to be paid from funds set aside for class counsel and compensation as part of the approved settlement; no order as to costs.
Source-derived case information.
- Citation
- 2008 ONCA 13
- Parties
- Appellant: Gordon David Garland; Respondent: Enbridge Gas Distribution Inc. (formerly The Consumers’ Gas Company Limited)
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 10 January 2008
- Procedural Posture
- Class Action Appeal / Appeal Resolved on Consent From Order of Justice Cullity Dated December 8, 2006
- Outcome
- Appeal resolved on consent; payment ordered as agreed and no order as to costs
- Legal Topics
- Settlement, Compensation, Quantum Merit, Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Gordon David Garland
Appellant
Enbridge Gas Distribution Inc. (formerly The Consumers’ Gas Company Limited)
Respondent
Procedural Posture
Class Action Appeal / Appeal Resolved on Consent From Order of Justice Cullity Dated December 8, 2006
Legal Issues
- 1 Whether appellant is entitled to compensation in excess of $95,000
- 2 Whether payment to the appellant should be made from funds set aside for class counsel and compensation under the approved settlement
- 3 Whether any order as to costs should be made
Ratio Decidendi
The appeal was resolved on consent: the appellant shall receive $95,000 all inclusive, to be paid from funds set aside for class counsel and compensation as part of the approved settlement; no order as to costs.
Court Disposition
Appeal resolved on consent; payment ordered as agreed and no order as to costs
Orders
- Appellant to be paid $95,000 all inclusive from funds set aside for class counsel and for compensation as part of the approved settlement
- No order as to costs
Full Case Text
Judgment text and source record
1 paragraphs
Garland v. Enbridge Gas Distribution Inc. Collection Decisions of the Court of Appeal Date 2008-01-10 Neutral citation 2008 ONCA 13 Docket numbers C46471 Judges O’Connor, Dennis; Feldman, Kathryn N.; Lang, Susan Elizabeth Subject Civil Decision Content CITATION: Garland v. Enbridge Gas Distribution Inc., 2008 ONCA 13 DATE: 20080110 DOCKET: C46471 COURT OF APPEAL FOR ONTARIO O’CONNOR A.C.J.O., FELDMAN and LANG JJ.A. BETWEEN: GORDON DAVID GARLAND Plaintiff (Appellant) and ENBRIDGE GAS DISTRIBUTION INC. (formerly The Consumers’ Gas Company Limited) Defendant (Respondent) John Navarrete and Xavier Navarrete for the appellant John J. Longo for the respondent Barbara L. Grossman and Michael McGowan for the respondent class counsel Heard: December 21, 2007 On appeal from the order of Justice Cullity of the Superior Court of Justice dated December 8, 2006. APPEAL BOOK ENDORSEMENT [1] This appeal has been resolved on consent. The appellant has abandoned his appeal claiming compensation in excess of $95,000. Class action counsel consents to the payment of $95,000, all inclusive, to the appellant on the basis of his quantum merit claim. These monies are to be paid from the funds that were set aside for class action counsel and for compensation for the appellant as part of the approved settlement. * [2] No order as to costs. * We note that the appellant has already been paid $25,000. Thus, the outstanding amount is $70,000.