Class Actions

Rebecca Shoom and William (Bill) Pepall successfully acted as agent for counsel to the plaintiff class in responding to an appeal arising from a significant class action and civil procedure decision that clarified the disclosure obligations relating to partial settlements. In preserving the action against a non-settling defendant that sought to have it dismissed based on alleged insufficient disclosure of a partial settlement agreement, the Court of Appeal confirmed that the settlement approval regime under Ontario’s Class Proceedings Act, 1992 governs the disclosure of class action settlements, and that neither the common law rule in Handley Estate nor Rule 49.14 of the Rules of Civil Procedure applies in that context.

Rebecca Shoom and William (Bill) Pepall represented the plaintiff in resisting a motion to stay a proposed class action based on non-disclosure of a partial settlement agreement. In dismissing the motion, Justice Morgan accepted their submission that the policy concerns underlying the Handley disclosure rules do not exist in the class action context, where the Class Proceedings Act already provides substantial protections to non-settling parties.

Kevin Ross, Alfonso Campos Reales, Peter Kryworuk, Anthony Bedard, and Jacob Damstra are Class Counsel to Royal Canadian Legion branches and Ontario Denturists in two certified class proceedings concerning COVID-19 related business interruption insurance coverage litigation.