COURT OF APPEAL FOR ONTARIO

Similar documents
NOTICE OF HEARING TO PROPOSE SETTLEMENT OF CLASS PROCEEDING HEATHER ROBERTSON V. THOMSON AND OTHERS

PRE-APPROVAL NOTICE. Proposed settlement of class proceeding known as Berry v. Pulley (LAWSUIT BY AIR ONTARIO PILOTS OVER THE

ONTARIO SUPERIOR COURT OF JUSTICE

ONTARIO SUPERIOR COURT OF JUSTICE DAVID CARMICHAEL. -and-

STATEMENT OF DEFENCE

J)NTAR/0 YEGALROSEN. -and- BMO NESBITT BURNS INC. FRESH AS AMENDED STATEMENT OF CLAIM

FACTUM OF THE APPELLANTS (MOVING PARTIES)

cv 1S~'S~V I&~ Court File No.

ONTARIO COURT OF JUSTICE (Toronto Region) -and- G.(J.) D.(A.) I.(E.) SURREPLY SUBMISSIONS OF AMICUS CURIAE JUSTICE FOR CHILDREN AND YOUTH

ONTARIO SUPERIOR COURT OF JUSTICE COMMERCIAL LIST

Pek~ THE APPELLANT ASKS that the judgment of Madam Honour Justic(. Pm.sons Jated March 20, 2018, be set aside and a judgment be granted, as follows:

ONTARIO SUPERIOR COURT OF JUSTICE REPLY

NOTICE OF CERTIFICATION and PROPOSED SETTLEMENT OF CLASS PROCEEDING

COURT OF APPEAL FOR ONTARIO. - and - VOLKSWAGEN AKTIENGESELLSCHAFT NOTICE OF APPEAL

ONTARIO SUPERIOR COURT OF JUSTICE

ONTARIO SUPERIOR COURT OF JUSTICE. - and - Proceeding under the Class Proceedings Act, 1992 NOTICE OF MOTION FOR CERTIFICATION

ONTARIO SUPERIOR COURT OF JUSTICE CHRIS AVENIR. and RYERSON UNIVERSITY STATEMENT OF CLAIM

IN THE COURT OF APPEAL

ONTARIO SUPERIOR COURT OF JUSTICE EXCALIBUR SPECIAL OPPORTUNITIES LP. - and - SCHWARTZ LEVITSKY FELDMAN LLP

IF YOU OWN, OWNED, LEASE, OR LEASED ONE OF THESE VEHICLES, A CLASS ACTION MAY AFFECT YOUR RIGHTS

Were You Incarcerated in a Provincial Jail Between May 30, 2009 and November 27, 2017?

SUPERIOR COURT OF JUSTICE DIVISIONAL COURT

ONTARIO SUPERIOR COURT OF JUSTICE ) ) ) of 'fiio.«-'", ONTARIO. - and -

ONTARIO SUPERIOR COURT OF JUSTICE

ONTARIO SUPERIOR COURT OF JUSTICE. and

NOTICE OF SETTLEMENT APPROVAL HEARING IN THE MATTER OF LEE VALLEY TOOLS LTD. v. CANADA POST CORPORATION CLASS ACTION

ONTARIO SUPERIOR COURT OF.JUSTICE - COMMERCIAL LIST THURSDAY, THE 29TH DAY OF JANUARY, 2009 IN THE MATTER OF RELIANCE INSURANCE COMPANY

The Enforcement of Foreign Judgments in Canada, 2004

ONTARIO SUPERIOR COURT OF JUSTICE COMMERCIAL LIST

COURT OF APPEAL FOR ONTARIO. The Honourable Justice J. C. MacPherson ) THURSDAY, THE 30th ) DAY OF ) AUGUST, 2018 ORDER

May 10, H.E. Edgar Chagwa Lungu President of the Republic of Zambia Office of the President PO Box Lusaka, Zambia.

Class Action Certification and Proposed Settlement for Travelers to Riu Resorts* in the Dominican Republic

ONTARIO SUPERIOR COURT OF JUSTICE ONTARIO LIMITED. -and- GREG KELLY, JOAN KELLY, ONTARIO INC. and TRADESMAN HOME INSPECTIONS

If you or a family member attended the Lockwood, Yale, Makkovik, Nain or St. Anthony school, class action lawsuits may affect your rights.

LITIGATION CHRONOLOGY ( )

ONTARIO SUPERIOR COURT OF JUSTICE

ONTARIO SUPERIOR COURT OF JUSTICE (COMMERCIAL LIST) Order Made After Application INITIAL RECOGNITION ORDER (FOREIGN MAIN PROCEEDING)

ONTARIO SUPERIOR COURT OF JUSTICE (COMMERCIAL LIST) AND IN THE MATTER OF URBANCORP INC. INITIAL RECOGNITION ORDER (FOREIGN MAIN PROCEEDING)

SINO-FOREST SECURITIES LITIGATION

SUPREME COURT OF VICTORIA. CREESE v HAMILTON-BYRNE (S CI ) IMPORTANT NOTICE GROUP PROCEEDING REGARDING ANNE

ONTARIO SUPERIOR COURT OF JUSTICE (Divisional Court)

IN THE MATTER OF SECTIONS 5 AND 6 OF THE COMMERCIAL ARBITRATION ACT, R.S.C. 1985, C. 17 (2 nd SUPP.)

ONTARIO SUPERIOR COURT OF JUSTICE

Proceeding Under the Class Proceedings Act, 1992

Litigation Process. in the Province. Ontario

THE LAW SOCIETY OF UPPER CANADA CHECKLIST FOR APPLICATION FOR SURRENDER OF LICENCE TO PRACTISE LAW UNDER BY-LAW 4

ONTARIO SUPERIOR COURT OF JUSTICE

ONTARIO SUPERIOR COURT OF JUSTICE COMMERCIAL LIST

VANCOUVER REGISTRY.. THE SUPREME COURT OF BRITISH COLUMBIA

ONTARIO SUPERIOR COURT OF JUSTICE COMMERCIAL LIST. IN THE MATTER OF THE COMPANIES CREDITORS ARRANGEMENT ACT, R.S.C. 1985, c.

Retirement Plan for Executive Employees of Indalex Limited and Associated Companies (the Plan ), Registration No NOTICE OF COURT HEARING

DIVISIONAL COURT, SUPERIOR COURT OF JUSTICE CAPITAL ONE BANK (CANADA BRANCH) APPELLANT S FACTUM I. STATEMENT OF THE APPEAL

IN THE SUPREME COURT OF CANADA (ON APPEAL FROM THE FEDERAL COURT OF APPEAL) NELL TOUSSAINT. and MINISTER OF CITIZENSHIP AND IMMIGRATION

ONTARIO SUPERIOR COURT OF JUSTICE. - and -

May 10, Your Excellency: Re: Detention of lawyer Tasneem Ahmed Taha El Zaki

THE LAW SOCIETY OF UPPER CANADA APPLICATION FOR A PERMIT AS A FOREIGN LEGAL CONSULTANT UNDER BY-LAW 14

APR/05/2012/THU 05:29PM DIGI FAX No P. 002

Case 4:02-cv Document 538 Filed 07/18/2006 Page 1 of 2

IN THE MATTER OF THE SECURITIES ACT R.S.O. 1990, c. S.5, AS AMENDED. - and -

THE LAW SOCIETY OF UPPER CANADA APPLICATION FOR SURRENDER OF LICENCE TO PRACTISE LAW (under By-Law 4)

MOTION RECORD (re extension of time to file a proposal) (returnable February 27, 2018)

ONTARIO SUPERIOR COURT OF JUSTICE. ) ) Plaintiff ) ) ) Defendants RULING RE: ADMISSION OF SURVEILLANCE EVIDENCE

FEDERAL COURT. - and -

FACTUM OF THE APPLICANT

ONTARIO SUPERIOR COURT OF JUSTICE

Freedom of Information Act 2000 (FOIA) Decision notice

days. If you are served outside Canada and the United States of America, the period is sixty days.

ONTARIO SUPERIOR COURT OF JUSTICE COMMERCIAL LIST THE HONOURABLE ) MONDAY, THE 2 ND DAY ) MR. JUSTICE FARLEY ) OF JUNE, 2003

Introductory Guide to Civil Litigation in Ontario

IN THE SUPREME COURT OF BRITISH COLUMBIA

The Law Society of Upper Canada s By-Law 4 is available for your information at:

ONTARIO SUPERIOR COURT OF JUSTICE COMMERCIAL LIST. IN THE MATTER OF THE COMPANIES CREDITORS ARRANGEMENT ACT, R.S.C. 1985, c.

ONTARIO SUPERIOR COURT OF JUSTICE NOTICE OF ACTION

ONTARIO SUPERIOR COURT OF JUSTICE (COMMERCIAL LIST) (IN BANKRUPTCY AND INSOLVENCY)

B e f o r e: PRESIDENT OF THE QUEEN'S BENCH DIVISION MR JUSTICE TUGENDHAT. Between:

REQUEST FOR BIOGRAPHICAL INFORMATION

State of New York Supreme Court, Appellate Division Third Judicial Department P.O. Box 7288, Capitol Station Albany, NY

BEFORE: MR REGISTRAR JONES DAVID BROWN. - and - (1) BCA TRADING LIMITED (2) ROBERT FELTHAM (3) TRADEOUTS LIMITED

IN THE MATTER OF THE SECURITIES ACT R.S.O. 1990, c.s.5, AS AMENDED AND ROBERT KASNER

REPORT OF THE HEARING COMMITTEE

ONTARIO SUPERIOR COURT OF JUSTICE. ) ) Plaintiff ) ) ) Defendants ) ) ) ) ) ) ) ) ) ) REASONS FOR DECISION

STERN + LANDESMAN CLARK LLP

Case 1:13-cv MMS Document 218 Filed 08/03/15 Page 1 of 7 Redacted Version IN THE UNITED STATES COURT OF FEDERAL CLAIMS

IN THE MATTER OF THE SECURITIES ACT R.S.O. 1990, c. S.5, AS AMENDED - AND - GOLDBRIDGE FINANCIAL INC., WESLEY WAYNE WEBER and SHAWN C.

April 26, Your Excellency: Re: Investigation into the attack of lawyer Alldo Fellix Januardy

ONTARIO SUPERIOR COURT OF JUSTICE COMMERCIAL LIST. ) FRIDAY, THE 27 t1' ROYAL BANK OF CANADA. - and - REVSTONE INDUSTRIES BURLINGTON INC.

B e f o r e: LORD JUSTICE JACKSON LORD JUSTICE LINDBLOM. BRADFORD TEACHING HOSPITALS NHS FOUNDATION TRUST Respondent

ONTARIO SUPERIOR COURT OF JUSTICE (IN BANKRUPTCY AND INSOLVENCY) ) ) ) DAY OF JULY, 2015

ONTARIO SUPERIOR COURT OF JUSTICE. ) ) ) ) ) ) ) Defendants ) ) ) ) ) REASONS FOR DECISION ON MOTION

THE QUEEN'S BENCH Winnipeg Centre. MARLENE BILES and SHAWNA PAULSEN, - and - AMENDED STATEMENT OF CLAIM

and ROBERT SALNA, PROPOSED REPRESENTATIVE RESPONDENT ON BEHALF OF A CLASS OF RESPONDENTS Heard at Toronto, Ontario, on October 19, 2017.

VANCOUVER AUG

ONTARIO SUPERIOR COURT OF JUSTICE COMMERCIAL LIST. IN THE MATTER OF THE COMPANIES' CREDITORS ARRANGEMENT ACT, R.S.C. 1985, c.

Cindy Fulawka (plaintiff/respondent) v. The Bank of Nova Scotia (defendant/appellant) (C54467; 2012 ONCA 443)

UNPAID OVERTIME CLASS ACTION. FRESCO v CANADIAN IMPERIAL BANK OF COMMERCE NOTICE OF CERTIFICATION

ONTARIO SUPERIOR COURT OF JUSTICE COMMERCIAL LIST

ONTARIO SUPERIOR COURT OF JUSTICE (COMMERCIAL LIST) IN THE MATTER OF THE COMPANIES CREDITORS ARRANGEMENT ACT, R.S.C. 1985, c.

REQUEST FOR BIOGRAPHICAL INFORMATION

FEDERAL COURT ATTORNEY GENERAL OF CANADA. -and-

London Criminal Courts Solicitors Association. Response to the Sentencing Advisory Panel Consultation Paper on Bail Act Offences

Transcription:

COURT OF APPEAL FOR ONTARIO Court of Appeal File No. Divisional Court File No. 130/13 (Court File No. 08-CV-347100CP) B E T W E E N: LISA CAVANAUGH, ANDREW HALE-BYRNE, RICHARD VAN DUSEN, MARGARET GRANGER and TIM BLACKLOCK and Plaintiffs (Respondents) GRENVILLE CHRISTIAN COLLEGE, THE INCORPORATED SYNOD OF THE DIOCESE OF ONTARIO, CHARLES FARNSWORTH, BETTY FARNSWORTH, JUDY HAY THE EXECUTRIX FOR THE ESTATE OF J. ALASTAIR HAIG and MARY HAIG Proceeding under The Class Proceedings Act, 1992, S.O. 1992, c.6 Defendants (Moving Parties) NOTICE OF MOTION FOR LEAVE TO APPEAL The defendants Grenville Christian College, Charles Farnsworth and Judy Hay the Executrix for the Estate of J. Alastair Haig will make a Motion in writing to the Court of Appeal at Osgoode Hall in the city of Toronto. PROPOSED METHOD OF HEARING: The Motion is to be heard

-2- [X] In writing 36 days after service of the moving party s motion record, factum and transcripts, if any, or on the filing of the moving party s reply factum, if any, whichever is earlier. THE MOTION IS FOR: (a) An Order granting leave to appeal the Order of the Divisional Court made on February 24, 2014 allowing an appeal from the Order of Perell J. dated May 23, 2012 and certifying the within action as a class proceeding; (b) The costs of this motion; and, (c) Such further and other relief as to this Honourable Court may seem just. THE GROUNDS FOR THE MOTION ARE: 1. The Divisional Court erred in law in concluding that Perell J. made a palpable and overriding error in his analysis and decision as to the preferable procedure; 2. The Divisional Court erred in law in concluding that Perell J. made an error of law in imposing an alternative procedure to a class proceeding; 3. The Divisional Court erred in law in determining that the analysis and result of the Rumley, Cloud line of cases (where the defendants were alledged to have been systemically negligent in failing to prevent abuse) applied with equal force to the case at bar where the defendants were the actual actors of the misdeeds as Perell J. called them.

-3- The former cases give rise to common issues and a class proceeding that constitutes the preferable procedure. The Grenville case does not; 4. The Divisional Court erred in principle in Certifying the action on the basis of a common issue Did the defendants breach a duty of care owed to the plaintiffs?. That issue in the circumstances of the within action seeks a blanket determination of the liability of actual wrongdoers (as opposed to those responsible for their conduct) to each and every class member. Such an issue either inevitably focuses upon or breaks down into an examination of each class members individual complaints or imposes a liability on a wrongdoer to each class member based upon some sort of sampling of misconduct; 5. The Divisional Court erred in both the common issues and preferability analysis in that they failed to appreciate that: i. any consideration of systemic negligence is of little or no significance in the assessment of liability of actors of the misdeeds ; ii. any analysis of the liability of actors of misdeeds to class members would require each and every student testifying on the common issues trial to repeat their evidence all over again on the individual issues, thus resulting in a significant duplication in the fact finding process; 6. The Divisional Court erred in law in failing to give appropriate deference to the preferability analysis by Perell J. which was based on the factual circumstances of the case and did not involve any issue of general principle or palpable and overriding error; 7. Rule 61.03.1 of the Rules of Civil Procedure and s.6(1)(a) of the Courts of Justice Act S.O. 1994, c.12.

-4- Date: March 5, 2014 ADAIR BARRISTERS LLP Commerce Court North 25 King Street West, Suite 1101 P.O. Box 127 Commerce Court Postal Station Toronto ON M5L 1E2 Geoffrey D.E. Adair, Q.C. (11419F) gadair@adairbarristers.com Tel: 416.941.5863 Fax: 647.689.2059 Lawyers for the defendants (respondents), Grenville Christian College and Charles Farnsworth and Judy Hay the Executrix for the Estate of J. Alastair Haig TO: MCKENZIE LAKE LAWYERS LLP Barristers and Solicitors 140 Fullarton Street, Suite 1800 London ON N6A 5P2 Russell M. Raikes (24544O) Tel: 519-672-5666 Fax: 519.672.2674 Lawyers for the plaintiffs (appellants), Lisa Cavanaugh, Andrew Hale-Byrne, Richard Van Dusen, Margaret Granger and Tim Blacklock

-5- AND TO: KOSKIE MINSKY LLP Barristers and Solicitors 20 Queen Street West Suite 900 P.O. Box 52 Toronto ON M5H 3R3 Kirk Baert Tel: 416-977-8353 Fax: 416.977.3316 Lawyers for the plaintiffs (appellants), Lisa Cavanaugh, Andrew Hale-Byrne, Richard Van Dusen, Margaret Granger and Tim Blacklock

LISA CAVANAUGH et al. -and- GRENVILLE CHRISTIAN COLLEGE et al. Plaintiffs (Respondents) Defendants (Moving Parties) Court of Appeal File No. Divisional Court File No. 130/13 (Court File No. 08-CV-347100CP) COURT OF APPEAL FOR ONTARIO PROCEEDING COMMENCED AT TORONTO NOTICE OF MOTION ADAIR BARRISTERS LLP Commerce Court North 25 King Street West, Suite 1101 P.O. Box 127 Commerce Court Postal Station Toronto ON M5L 1E2 Geoffrey D.E. Adair, Q.C. (11419F) gadair@adairbarristers.com Tel: 416.941.5863 Fax: 647.689.2059 Lawyers for the Respondents, Grenville Christian College, Charles Farnsworth and Judy Hay the Executrix for the Estate of J. Alastair Haig RCP-E 4C (July 1, 2007)