As Supreme Court Chief Justice Beverley McLachlin and former Ontario chief justice Warren Winkler have famously lamented, the costs of going to trial pose a great disincentive to access to justice for many civil litigants. According to the 2013 Canadian Lawyer legal fees survey, the cost of taking a civil action through to a two-day…
The Plaintiff brought a motion to refine the common issues to be tried by the Court, and sought a court order to stay the Third Party claims brought against ParkLane’s Distributors. The motion was originally scheduled for October 17 – 18, 2013, but was adjourned several times before it was ultimately argued on February 14,…
The deadline for delivering a claim form to receive a share of the settlement proceeds from the settlements with the Law Firm Defendants and the FFCF/Gleeson Defendants expired on Friday, February 28, 2014, except for those Third Parties who are represented by either Rochon Genova LLP or Crawley MacKewn Brush, who have until March 14,…
To All Class Members who participated in the ParkLane Donations for Canada charitable gift program which operated from mid-2005 to 2009: This newsletter is being sent to you by the Claims Administrator on behalf of Class Counsel, Landy Marr Kats LLP and Paliare Roland LLP. The Cannon v. ParkLane Newsletter is now available: February 14,…
8150184 concerned a franchisee agreement and violations of the Arthur Wishart Act. After the Defendants failed to respond to a request to admit, the Plaintiffs, represented by Keith Landy and David Fogel, successfully moved for pretrial judgment and were awarded damages against the defendant franchisor. https://www.canlii.org/en/on/onsc/doc/2014/2014onsc815/2014onsc815.html?resultIndex=1
Class action counsel have hired a claims administrator (Ricepoint) to process the settlement. Class members have until February 28th, 2014 to submit their claims form. If they do not submit the Claims form to the Parklane Funds Claims administrator by the deadline they will lose their right to share in the settlement. To obtain the…
Lying close to the top of the litigator’s toolbox is a familiar, well-used instrument: the injunction. Injunctions have been sought and issued in wide-ranging circumstances, including in property litigation, commercial actions, IP infringement proceedings, labour disputes, and in cases of public proteses. They have been used to assist in preserving evidence (Anton Piller order, a.k.a.…
Further to our original post of November 27, 2013: The Court originally approved legal fees to Class Counsel of 25% of the settlement amounts, and after receiving further written submissions, the Court has approved legal fees of 33%, in accordance with the retainer agreement made with the representative plaintiff. Fees of up to $9,303,638 plus…
Khoklov was an appeal by the landlord of an award of damages to the tenant stemming from a bedbug infestation in his building. Vadim Kats and Anna Wong successfully defended against the appeal by the landlord, and the damages to the tenant were upheld. https://www.canlii.org/en/on/onscdc/doc/2013/2013onsc7566/2013onsc7566.html?resultIndex=1
On Friday, October 18, 2013, the Ontario Superior Court of Justice approved the settlements with the Law Firm Defendants (including Edwin C. Harris Q.C.), and with the Funds for Canada Foundation, Mary-Lou Gleeson, Matt Gleeson and Gleeson Management Associates Inc. (the “FFCF/Gleeson Defendants”). The settlement agreements are available to be viewed here: The Orders of…