February 19, 2016: The judge released the trial decision today. The judge found that Ontario did not breach any duties owed to the class and dismissed the action. The plaintiff is reviewing the decision and is considering its options.
This lawsuit alleges that the Province of Ontario has breached its obligation to pay its private issuers fairly and reasonably according to its contractual obligations. The Statement of Claim also seeks recovery for unjust enrichment if it is found that Ontario has benefited from the work of issuers without adequately compensating them.
The action was launched on October 23, 2009, and the certification motion was heard on June 18, 2010 in the Ontario Superior Court of Justice. On June 30, 2010 the Court released its decision certifying the Licence Issuers as a class. Leave to appeal the decision to the Divisional Court was dismissed.
The case is currently proceeding towards trial on behalf of the class.
Mediation between the parties occurred August 6, 2014. However, no settlement was reached.
- February 19, 2016: The judge released the trial decision today. The judge found that Ontario did not breach any duties owed to the class and dismissed the action. The plaintiff is reviewing the decision and is considering its options.
- October 28, 2015: The common issues trial concluded on October 26, 2015. The case is now under reserve by the trial judge. A decision is not expected until April of next year. The decision will be posted here once it is released.
- September 17, 2015: The trial will be heard in Courtroom 5-0 at 330 University Ave beginning on Monday, September 28, 2015 at 10:00 a.m.
- June 29, 2015: The motion for summary judgment brought by Ontario was dismissed on June 29, 2015. Read the decision here. The trial will begin on September 28, 2015.
- June 15, 2015: A summary judgment motion will be heard at 10:00 a.m. on Monday, June 15, 2015 in court room 4 at Osgoode Hall, 130 Queen Street West, Toronto.
- March 9, 2015: A motion for summary judgment will be heard on June 15 and 16, 2015. The motion is brought by the defendant to dismiss the action before trial. If the motion is not granted, trial will begin in the week of September 28, 2015.
- October 16, 2014:The trial of this action was scheduled for October 2014. As a result of a scheduling conflict resulting from the extension of another trial in which we are currently involved, the trial in this action had to be adjourned. The new commencement date is September 28, 2015.The parties will also be attending before the class proceedings judge on October 24, 2014 to discuss the scheduling of summary judgment motions which may have an impact on trial scheduling. A further update will be posted after the October 24 meeting.
- September 10, 2012: The trial of this action has been scheduled to commence on October 14, 2014. A pre-trial conference will take place on June 10, 2014. A pre-trial conference is an informal meeting with a judge before trial. The meeting is attended by lawyers for the parties and a representative of both the plaintiff and defendant. At the pre-trial conference, the judge encourages the parties to settle the action or, if settlement is not possible, to narrow the issues for the trial.
- June 30, 2010: The Court released its decision certifying the Licence Issuers as a class. Leave to appeal the decision to the Divisional Court was dismissed.
Notice to class
Court Decisions and Orders
- Reasons of Justice Gans dismissing the action (February 19, 2016)
- Reasons of Justice Perell dismissing summary judgment motion (June 29, 2015)
- Reasons of Justice Sachs dismissing leave to appeal to Divisional Court (Sep 24, 2010)
- Certification Order (June 30, 2010)
- Reasons of Justice Perell for granting certification (Jun 30, 2010)