Reasonable to believe that adverse costs award could be overwhelming to representative plaintiff

Ontario civil | Civil Practice and Procedure | Class and representative proceedings | Representative or class proceedings under class proceedings legislation

Plaintiff alleged that defendants researched, designed, manufactured, and installed defeat device in certain diesel engine vehicles, which rendered elements of vehicles’ emission control systems inoperative or less effective outside laboratory test conditions. Plaintiff also alleged that vehicles polluted far in excess of levels permitted under Canadian law. Plaintiff commenced action against defendants for roles in alleged conduct. Plaintiff brought motion for order approving third party litigation funding agreement. Motion granted. It was reasonable to believe that adverse costs award in proceeding could be overwhelming to representative plaintiff. Funding agreement was necessary to provide plaintiff and class members with access to justice. Plaintiff received independent legal advice on nature and terms of funding agreement, as well as obligations and potential liability. Funding agreement was fair and reasonable and did not interfere with plaintiff’s right to instruct counsel.

Marriott v. General Motors of Canada Company (2018), 2018 CarswellOnt 6254, 2018 ONSC 2535, Glustein J. (Ont. S.C.J.).

Free newsletter

Our newsletter is FREE and keeps you up to date on all the developments in the Ontario legal community. Please enter your email address below to subscribe.

Recent articles & video

From ignored to a nation-to-nation relationship: Jason Madden’s 20 years advocating for Metis rights

Ontario Superior Court of Justice welcomes new judges Colin Stevenson and Gilead Kay

Ontario Superior Court upholds award of costs exceeding the damages in a personal injury case

Ontario Superior Court resolves estate dispute between siblings by passing over a sister as trustee

Erika Chamberlain steps down as dean of Western Law

Ont. CA orders new trial in pedestrian collision case due to unfair bad character evidence

Most Read Articles

Erika Chamberlain steps down as dean of Western Law

Ont. CA orders new trial in pedestrian collision case due to unfair bad character evidence

Ontario Superior Court of Justice welcomes new judges Colin Stevenson and Gilead Kay

From ignored to a nation-to-nation relationship: Jason Madden’s 20 years advocating for Metis rights