Law Times

March 12, 2018

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BY ALEX ROBINSON Law Times A n Ontario judge has awarded carriage of a proposed class action against bread sellers for an alleged price-fixing scheme to a consortium led by Strosberg Sasso Sutts LLP. Two different groups of law firms were vying to represent po- tential class members in the pro- posed lawsuit, brought against Loblaw, Sobeys, Metro and other Canadian retailers. The group led by Strosberg was made up of four law firms that have filed actions in five different provinces and the Federal Court. Sotos LLP and Siskinds LLP led the other consortium, which only launched an Ontario action. Ontario Superior Court Justice Ed Morgan found that the Stros- berg group's approach would be in the best interests of a potential national class and fairer to the de- fendants, despite the fact the de- fendants favoured the Sotos group. "The Strosberg approach to the multijurisdictional problem is to accomplish in advance what the Sotos Team says that it will eventu- ally do if awarded carriage," Mor- gan wrote in David v. Loblaw; Breckon v. Loblaw. "That is, in forming the Stros- berg Consortium it has negotiated with counsel for the other existing actions." Lawyers say the decision could have implications for multi- jurisdictional litigation, which is a hot topic in the plaintiff class action bar. While Strosberg had brought together firms that had started ac- tions in different jurisdictions, So- tos said it would enter negotiations with firms that brought actions in other provinces after it was award- ed carriage. The Sotos consortium had agreed to provide an undertaking to the defendants that it would not start actions in other jurisdictions. The defendants argued this un- dertaking would be a way of con- taining the multi-jurisdictional nature of the matter and that the Strosberg group's refusal to pro- vide such an undertaking should count against them in the carriage battle. Morgan found that the under- taking had prevented the Sotos group from being proactive in oth- Decision to deny status to student groups upheld BY SHANNON KARI For Law Times A n Ontario Superior Court judge has ruled that he has jurisdic- tion under what he de- scribed as "the law of groups" to re- view decisions by student unions at three post-secondary institutions that denied official status to two anti-abortion groups and a "men's rights" organization. "The court has the jurisdiction to enforce the contractual rights be- tween an association and its mem- bers and the contractual rights of the members between or among themselves," wrote Justice Paul Per- ell in three rulings issued on Feb. 26. The applicants had "exhausted their internal remedies" so it was appropriate for a court to adjudi- cate the dispute. Perell heard three applications together that challenged decisions made by the student unions at Ry- erson, the Mississauga campus of the University of Toronto and the one that, until recently, represent- ed students both at Durham Col- lege and the University of Ontario Institute of Technology. The Superior Court judge ulti- mately upheld the decisions of the student unions and found their process did not breach the prin- ciples of natural justice. But Perell also set out a five-step test for courts to use on whether to review a decision of an organiza- tion when the public law does not apply. Alexi Wood, who acted for the Ryerson and University of Toron- to student unions, says the rulings uphold the decision-making au- thority of these types of organiza- tions. "The takeaway for groups is they have the power to pass their own policies and procedures. You need to be fair and you need to ap- ply them consistently," says Wood, a partner at St. Lawrence Barristers LLP in Toronto. The test set out by Perell "pro- vides reasons for courts to decline CRYPTO-CURRENCIES Uncertain and evolving regulatory future P7 FOCUS ON Immigration Law P8 PM #40762529 $5.00 • Vol. 29, No. 9 March 12, 2018 L AW TIMES C O V E R I N G O N T A R I O ' S L E G A L S C E N E • W W W . L A W T I M E S N E W S . C O M PRIVACY LAW Proposed changes influenced by EU P4 See Arms, page 2 See Ruling, page 2 Carriage of price-fixing class action awarded Jay Strosberg says the undertaking his firm refused would not have had its desired effect of preventing multi-jurisdictional litigation. Photo: Robin Kuniski Follow Alexi Wood says three Ontario Superior Court rulings uphold the decision-making authority of university student unions. 6 TH ANNUAL ANTI-BRIBERY AND CORRUPTION COMPLIANCE JOIN OUR FULLY ACCREDITED PROGRAM | EXPAND YOUR NETWORK AND OBTAIN CPD HOURS Register online: • 416-609-5868 | 1-877-298-5868 *Discount applies to in-class only USE PROMO CODE EARLYBIRD2018 & SAVE $300* EARLY BIRD ENDS APR.9 Untitled-1 1 2018-03-06 1:03 PM & $#&!&jmmm$cYa[bbWh$Yec ntitled-4 1 12-03-20 10:44 AM

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