TransactionsCassels Brock Wins Contested Class Actions Costs Motion in Divisional CourtPublished: 02/16/2011 In a decision released February 8, 2011, Cassels Brock, representing Quiznos Canada Restaurant Corporation, successfully opposed a motion in Divisional Court in which the plaintiffs’ sought leave to appeal a class action costs award in their favour of more than $250,000. Following a hard-fought battle in which the action was certified as a class action, the plaintiffs asked the court to award them nearly $600,000 in costs for the certification motion. The motions judge agreed with Cassels Brock, who opposed this amount, and awarded the plaintiffs less than half of what they sought. The plaintiffs then brought a motion for leave to appeal the costs award on the grounds that the motions judge was required by law to award them, as plaintiffs in a class proceeding, a higher quantum of costs in the interests of access to justice. The motion was significant in the area of class actions since, if the plaintiffs’ were successful, it could potentially exacerbate what is already seen as a plaintiff-friendly regime. However, the Divisional Court accepted the arguments of Cassels Brock, and categorically rejected the plaintiffs’ motion. Jason Beitchman successfully argued the motion for Cassels Brock, and is assisting Geoff Shaw in representing Quiznos in defending the class action. The full text of the decision is reported at 2038724 Ontario Ltd. v. Quizno’s Canada Restaurant Corporation, 2011 ONSC 859, and can be read here. |