Motion respecting distribution phase of class proceeding dismissed on terms

Ontario civil | Civil Procedure


Motion respecting distribution phase of class proceeding dismissed on terms

Ontario lawyer acting for five class members advised class counsel that distribution plan that had been approved by courts in Ontario, British Columbia, and Quebec contravened s. 1 and 3 of Human Rights Code. Ontario lawyer told class counsel that his clients intended to request damages and amendment to distribution plan. After negotiations class counsel and Ontario lawyer signed letter agreement in action and in companion actions in Quebec and British Columbia. Ontario lawyer was satisfied that problems with code could be resolved by giving claims administrator instruction to be posted on claims website for duration of claims process. Motion was brought with respect to distribution phase of class proceeding. Motion dismissed on terms. Class counsel was directed to file notice of motion and supporting affidavit material for motion for directions and motion was scheduled. Proposed instruction may or may not be adequate to address what may or may not have been problem, raised by persons who may or may not have standing to challenge approved settlement distribution scheme. Court could not endorse whatever it was at whim of class counsel and Ontario lawyer without ruling on merits of underlying dispute. Court could not indirectly endorse anti-suit injunction prohibiting clients of Ontario lawyer from taking administrative proceedings that may or may not be available to them assuming that they were entitled to make claims notwithstanding releases that were part of court approved settlement.
Eidoo v. Infineon Technologies AG (Jun. 8, 2015, Ont. S.C.J., Perell J., File No. 05-CV-4340, 10-CV-15178CP) 254 A.C.W.S. (3d) 779.

Free newsletter

Our daily newsletter is FREE and keeps you up to date on all the developments in the Ontario legal community. Please complete the form below and click on subscribe for daily newsletters from Law Times.

Recent articles & video

Ontario court rules cap on general damages does not apply to sexual abuse

House of Commons reveals legal fee reimbursement over $54k

Downey slams Purdue Pharma for not including Canadian claims

U of T's Anita Anand awarded medal by Royal Society of Canada

How criminal lawyers make referrals

Man discharged from his fourth bankruptcy

Most Read Articles

Chasm in opinions remains after statement of principles repeal

Insurance lawyers reveal their referral philosophies

Court of Appeal rules auto insurer not liable for parental negligence claim stemming from accident

Man discharged from his fourth bankruptcy