The hearing to determine whether the defendant is allowed to appeal the certification decision in this case will be held on November 28th in court room 9 at Osgoode Hall in Toronto (130 Queen St W).
October 18, 2013
The defendant has sought leave to appeal the certification of this class action. This means the defendant does not have an automatic right of appeal, but is asking the court to hear an appeal of the certification decision. The hearing on the defendant’s motion for leave to appeal will be heard November 28th, 2013 in Toronto.
A decision on the certification motion is expected to be received by September.
June 18, 2013
The plaintiff and defendant have both made supplementary submissions to the Court regarding certification of this action as a class action. When a decision is made regarding certification, it will be posted.
May 27, 2013
The certification motion in this action was concluded on April 5th, 2013. A decision in this action is anticipated to be received in June.
April 10, 2013
The certification motion in this action was concluded on April 5th, 2013. A decision in this action is anticipated to be received in late May or early June.
March 4, 2013
The certification motion in this action was partially heard on February 12-14 in Toronto. The hearing of the motion will continue on April 5, 2013 in Toronto
January 16, 2013
The certification motion in this case will be heard on February 12-14 in Toronto. The certification motion will decide whether this case should be a class action.
October 12, 2012
The cross-examinations on affidavits served for the certification motion are continuing and will conclude by November 13, 2012.
March 29, 2012
The Plaintiff has served their Reply Motion Record on the Defendant. The next step in this action is cross-examinations on the affidavits that have been served and filed. The certification motion is scheduled to be heard February 12-14, 2013, in Toronto.
February 17, 2012
The Plaintiff is preparing reply material to respond to the Defendant’s Responding Record on the certification motion. After the Plaintiff’s reply is completed, the parties will schedule cross-examinations on the sworn affidavits each side has submitted. A date for the certification motion has not been scheduled.
November 3, 2011
The Defendant has served their Responding Motion Record for the Certification Motion. The Plaintiff now has an opportunity to submit reply material.
October 14, 2011
The Defendant is now expected to deliver its responding materials by October 20, 2011.
August 30, 2011
The Defendant is expected to deliver their responding materials by September 2, 2011.
July 26, 2011
The Defendant is expected to deliver their responding materials by August 19, 2011.
April 27, 2011
The parties agree to a timetable for the remaining steps until the certification motion. The Defendant’s responding materials are due August 19, 2011, Plaintiff’s reply materials, if any, by October 31, 2011, cross examination of the parties’ witnesses to be completed by December 15, 2011 with the certification motion scheduled to be heard in early April 2012 depending on the court’s availability.
March 15, 2011
The Class Proceedings Fund grants funding for this action to the representative Plaintiff.
January 31, 2011
The Plaintiff files its supplementary materials in support of the certification motion.