If you are a Canadian Tire/Triangle Mastercard cardholder and pay for such insurance fees or charges and have any questions, complaints or concerns, please email us at jk@royoconnor.ca or call 416-362-1989.

Any information that you share will be treated as confidential by our team.

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The proposed class action alleges that over a number of years TD Bank failed to properly pay commissioned Mobile Mortgage Specialists from across Canada with vacation pay and holiday pay as required under the Canada Labour Code.

Certification & Next Steps

The Plaintiff is moving  for the certification of this action as a class proceeding.

The hearing of the certification motion is scheduled to proceed in Toronto in September 2025.

Register For More Information

If you believe that you may be a class member in this proceeding and wish to receive information from time to time about the status of the lawsuit, you may request such information by filling in the form found at: The Registration Page

The post TD Bank Unpaid Vacation Pay appeared first on Roy O'connor LLP - Toronto Law Firm.

The action was certified on behalf of all persons and entities who purchased from Organigram Inc., a cannabis for medical purposes that has been recalled as of February 14, 2019. There were two recalls of the products, on December 28, 2016, and January 9, 2017, due to the detection of bifenazate, an insecticide, and myclobutanil, a pesticide, which are not authorized for use on cannabis plants. The recalled products include dried marijuana and cannabis oil that were produced between February 1, 2016 and December 16, 2016.

The certified action alleges that Class Members did not receive the product they had bargained for, and the Defendants’ conduct fell below the standard of care, and Class Members should therefore be provided with a return of the purchase price.

Update – Settlement Approved 

In 2022 the parties reached an agreement to settle this class action.

Under the Settlement, the Defendants will pay $2,310,000.00 CDN, in addition to the costs of administering notice and the settlement, to provide to Class Members a partial refund of the amounts they paid to purchase the recalled cannabis product, minus any amounts already refunded, legal fees and disbursements.

The Settlement Approval Motion took place on August 31, 2022 at The Law Courts in Halifax. The Supreme Court of Nova Scotia approved the Settlement Agreement as fair and reasonable and in the best interests of the Class.

The Settlement applies to all persons and entities who purchased from Organigram cannabis for medical purposes that had been recalled as of February 14, 2019 (excluding Veterans Affairs Canada and Aurora Cannabis Inc.). Further details are contained in the Settlement Agreement.

The distribution of individual payments to Class Members is expected to commence by the end of October, 2022. Around that time, Class Members will receive notice of the Settlement Approval and the calculation of their individual payment amount, with an Interac e-Transfer to follow shortly thereafter. For Class Members who do not use email, that same information will be sent via regular mail, with a corresponding cheque in the amount of the individual payment.

• Please click here to view or download the email version of the Notice of Settlement Approval.
• Please click here to view or download the regular mail version of the Notice of Settlement Approval. 

The Court has appointed RicePoint Administration Inc. as the Settlement Administrator. RicePoint will send out the notice and distribute the settlement funds. Other than ensuring that RicePoint has your updated contact information, you are not required to do anything.

If you have any questions about the Settlement Agreement or your individual payment, please contact RicePoint at:

RicePoint Administration Inc.

Email: organigram@ricepoint.com

More Information

For a copy of the proposed Settlement Agreement or for questions relating to the Settlement Agreement, please visit Wagners’ website at www.wagners.co or contact Wagners at the below contact information:

Wagners

1869 Upper Water Street

Suite PH 301, Pontac House

Historic Properties

Halifax NS  B3J 1S9

Telephone: 1-800-465-8794/902-425-7330

Email: classaction@wagners.co

The post Organigram Medical Marijuana Recall appeared first on Roy O'connor LLP - Toronto Law Firm.

The proposed class action alleges that over a number of years RBC DS failed to properly pay commissioned employees such as investment advisors, wealth advisors and portfolio managers vacation pay and holiday pay as required by provincial and territorial employment standards laws.

The proposed class action seeks to include RBC DS employees from across Canada but British Columbia or Alberta (which have laws that exclude RBC DS employees there from vacation and holiday pay requirements).

Certification Motion & Decision

The Plaintiff moved for the certification of this action as a class proceeding. The certification motion was heard on June 20, September 21, October 28 and November 16, 2022. In Reasons for Decision released on December 29, 2022, the Honourable Justice Belobaba certified this action as a class proceeding.

• Reasons for Decision: Please click here to view or download the Reasons for Decision.
• Certification Order: Please click here to view or download a copy of the Certification Order.

Following the release of the Reasons for Decision, RBC DS moved for leave to appeal to the Divisional Court.  In an Endorsement released on October 5, 2023 that motion was dismissed.

• Notice of Certification: Please click here to view or download the court-approved Notice of Certification.
• Avis De Certification: Veuillez cliquer ici pour consulter ou télécharger le document approuvé par le tribunal Avis De Certification.

The post RBC DS Unpaid Vacation & Holiday Pay Class Action appeared first on Roy O'connor LLP - Toronto Law Firm.

The class action seeks compensation totaling $350,000,000 to cover the thousand or tens of thousands of residents, businesses and other operations whose pipes and plumbing systems were damaged or, are at risk of damage and failure, by the City’s introduction of sodium hydroxide into the water supply years ago. Following complaints and concerns being raised, the City discontinued the use of sodium hydroxide in 2020.

The Plaintiff’s statement of claim alleges that, among other things, the City owed legal duties to the proposed class members (including individuals, businesses and other organizations supplied with water from the City) to ensure that the water supply did not unnecessarily corrode their pipes and plumbing systems. The statement of claim alleges that the City breached those duties through the introduction and use of sodium hydroxide into the water supply. The statement of claim further alleges that the City had more reasonable, prudent and appropriate alternatives (other than the introduction of sodium hydroxide) that were readily available to address any concerns that the City had about the potential leaching of lead in plumbing systems in a subset of local properties. The Plaintiff’s allegations have yet to be proven in Court.

Next Steps & Notice of Certification

The Plaintiff served her motion record in support of certification on February 18, 2022. The City of Thunder Bay is served its responding record in August, 2022.

The hearing of the certification motion proceeded via Zoom on June 14, 2023 before the Honourable Justice Paul Perell of the Ontario Superior Court of Justice. Justice Perell reserved his decision.

In Reasons for Decision released on July 6, 2023 Justice Perell certified this action as a class proceeding.

In very general terms, this decision means that the case will move ahead on behalf of the Class and can proceed to a future determination by a judge on the questions whether the City breached a duty owed to the class and, if so, whether the City caused or contributed to losses sustained by the Class. For clarity, and as set out above, this decision did not make any determinations on the merits of those questions. We also note that His Honour did not certify another additional claim in what is known in legal terms as ‘nuisance.’ The nuisance claim was not permitted to proceed in part because His Honour found that the City of Thunder Bay is immune from these claims in nuisance for the escape of water pursuant to s. 449 of the Municipal Act. The Plaintiff appealed that finding to the Court of Appeal and in reasons for decision released on February 21, 2025 that appeal was dismissed. 

Notice of Certification 

The Court has recently approved the text of the official Notice of Certification summarizing, among other things, the Class Members’ rights in this action arising from certification and instructions on how to exclude themselves (i.e. opt-out) from this proceeding. Please click here to view or download the official Notice of Certification. 

Please note that deadline to opt-out of this class action expired on January 15, 2025.

2024 Mediation 

Following the certification of this action as a class proceeding, the Parties agreed to attend a confidential mediation before the Honourable George Strathy, the former Chief-Justice of Ontario, in an effort to settle this class action. The mediation proceeded in April 2024 but did not result in a settlement.

Additional updates will be posted on this site as the case develops.

More Information

Please be advised that you do not have to do anything to participate in this proposed class action. If the class action is certified anyone fitting in the class definition approved by the Court will, unless they choose to exclude themselves from the action,  automatically be included in the class action.

For more information about this action please contact James Katsuras at:

Email: thunderbayclassaction@royoconnor.ca

Tel: 416-362-1989
Fax: 416-362-6204

The post City of Thunder Bay Leaking Pipes Class Action appeared first on Roy O'connor LLP - Toronto Law Firm.

Mercedes-Benz vehicles under investigation include:

• 2008-19 C-Class
• 2010-15 GLK Class
• 2012-17 CLS-Class
• 2010-19 E-Class
• 2015-19 GLA-Class
• 2013-16 GL Class
• 2016-19 GLE-Class
• 2017-19 GLS-Class
• 2012-15 M-Class
• 2016-19 GLC-Class

According to reports and court documents originating in the United States, the HVAC systems in the vehicles listed above are allegedly defective as they allow the buildup of condensation encouraging the growth of mildew and mold within the HVAC system. The mold produces noxious smelling mycotoxins which may also pose a risk to human health.

Roy O’Connor LLP was one of the firms prosecuting the claims as against Volkswagen for its diesel emission scandal.  Our firm is alive to concerns about the safety and performance of automotive vehicles and other issues.

If you own or lease one of the vehicles listed above, please contact Adam Dewar at Roy O’Connor LLP at either 416 362 1989 or jad@royoconnor.ca 

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In class proceeding settlements approved by Canadian courts in 2017 and 2018, the Defendants settled the claims of Canadian owners and lessees who owned or leased an affected vehicle as of the date the emissions issue was announced by the United States Environmental Protection Agency. Details about those existing settlements can be found at: www.vwcanadasettlement.ca.

This proposed class action seeks compensation for Canadians, largely purchasers or lessees who sold or returned their affected vehicles before the emissions issue became public, that did not receive compensation under the existing class action settlements. This action also seeks compensation  for other groups excluded from the existing settlements.

Certification & Appeal

The Plaintiff moved for the certification of this action as a class proceeding in August 2021. In reasons for decision released in September 2021 the Plaintiff’s certification motion was dismissed.

In reasons for decision released on October 4, 2022 a unanimous Divisional Court overturned the dismissal of the Plaintiff’s certification motion and directed a further hearing to determine if the balance of the test for certification had been satisfied.

Certification 2024 

In reasons for decision released on September 9, 2024 this action was certified as a class proceeding. A formal, court-approved notice of certification summarizing the class members’ rights under this action will distributed at a future date in this proceeding,

More details about this proposed class action will be posted on this site as the case develops.

For more information about this proposed class action please contact James Katsuras at:

Email: info@royoconnor.ca
Tel: 416-362-1989
Fax: 416-362-6204

The post Volkswagen Diesel Emissions Class Action – Former Owners & Lessees appeared first on Roy O'connor LLP - Toronto Law Firm.

The lawsuit alleges that Mettrum Ltd used unauthorized pest control products in the production of some of its medical marijuana products between September 2014 and November 2016.

The post Mettrum Ltd. Medical Marijuana Recall appeared first on Roy O'connor LLP - Toronto Law Firm.

In 2020 the parties reached a proposed settlement in this action. In reasons for decision released on December 23, 2020 the settlement was approved by the Ontario Superior Court of Justice. The settlement was subsequently approved by the Superior Court of Quebec. Details of the settlement can be found at:

www.vwfueleconomysettlement.ca

Please click here to view or download a copy of the Notice of Settlement Approval.

For more information about the proposed settlement please refer to the site above.

The statement of claim was recently amended in order to, among other things, add additional vehicles to the class definition and to  remove others vehicles from the proposed class definition. Please click here to view or download the Court Order granting leave to discontinue this proceeding on  behalf of those former potential class members.

The post VW, Audi, Porsche, Bentley Fuel Consumption Class Action appeared first on Roy O'connor LLP - Toronto Law Firm.

UPDATE – April 21, 2017 –  Settlement of 2.0L Emissions Claims 

On December 19, 2016 Class Counsel and VW announced an agreement, subject to court approval, to resolve Canadian consumer claims related to the 2.0L TDI emissions matter for approximately 105,000 affected VW and Audi vehicles across Canada. The  settlement provides for cash payments to eligible owners and lessees, many of whom have choices that may include vehicle buybacks, trade-in, emissions modification (if approved by regulators) and early lease termination. On April 21, 2017 the 2.0L settlement was approved by the Ontario Superior Court of Justice as being fair, reasonable and in the best interests of the class.

For more information about the terms of the 2.0L settlement or how to make a claim under the settlement please see: https://www.vwcanadasettlement.ca/en/ or call: 1-844-982-5246.

UPDATE – May 8, 2018 –  Settlement of 3.0L Emissions Claims 

On January 12, 2018, Volkswagen and Canadian class counsel confirmed their agreement to resolve consumer claims in Canada regarding approximately 20,000 affected 3.0L diesel vehicles, subject to court approval. On April 19, 2018, the Ontario Court approved the 3.0L Settlement Agreement. Subsequently, on April 25, 2018, the Quebec Court also approved the 3.0L Settlement Agreement.

For more information about the terms of the 2.0L settlement or how to make a claim under the settlement please see: https://www.vwcanadasettlement.ca/en/_3models or call: 1-844-982-5246.

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