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The court granted an adjournment of a common issues trial after plaintiffs received substantial new witness documents requiring review, listing, and possible further discovery.
The Federal Court dismissed certification of a proposed class action over a lost USB key containing disability-applicant data, finding limitation problems, no breach of confidence claim, and no basis in fact for class-wide damages.
The Federal Court approved a $23.34 billion class settlement over First Nations child welfare and Jordan’s Principle claims and awarded honoraria to representative plaintiffs.
The court upheld the motion judge’s finding that it was plain and obvious the pleaded causes of action for breach of trust and fiduciary duty could not succeed because the Income Tax Act provision and CRA Folio impose tax‑compliance duties owed to the CRA not enforceable investor protection duties, the Declaration of Trust did not impose gatekeeping or watchdog duties to investors, and no independent duty to warn arose within the scope of Olympia Trust’s engagement; therefore certification was properly dismissed and the appeal is dismissed.
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Federal Court approved a class action settlement about SISIP disability benefits, amended the class definition, and approved the representative plaintiff honorarium, fees, and disbursements.
At certification the court found a reasonable cause of action for systemic negligence in alleged RCMP tolerance of intimidation and harassment, an identifiable class with a rational link to common issues, sufficient common questions of law and fact, and that a class proceeding is the preferable and workable procedure because internal GRC mechanisms are shown by reports and evidence to be inadequate to provide complete remedies; representative plaintiffs and a workable plan were satisfactory.
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The court held the applicants could pursue third-party claims for negligent performance of services and misrepresentation, and granted leave in the related actions and class proceeding.
The Federal Court approved $487,103.52 in fees and disbursements for post-implementation class counsel services and authorized payment from trust funds.
The appeal is allowed: the Federal Court erred by failing to properly apply Rule 334.16(1) and related rules—certification order is set aside because (1) the fiduciary claim as pleaded lacks any allegation of an express or implied undertaking and must be amended to plead such an undertaking, (2) the Federal Court failed to identify and set out common questions of law or fact as required by Rule 334.17(1)(e), (3) it was a palpable and overriding error to appoint as representative plaintiff someone who is not a member of the certified class, and (4) the certification order did not comply with t…
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The court approved a class action settlement and class counsel retainer in a child welfare case involving alleged misconduct by a ministry social worker, with a minor amendment to the notice order.
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