Dabbs v. Sun Life Assurance Co. of Canada, (1998) 48 O.T.C. 391 (GD)

• Judge: O'Driscoll, J.
• Court: Ontario Court of Justice General Division (Canada)
• Case Date: October 20, 1997
• Jurisdiction: Ontario
• Citations: (1998), 48 O.T.C. 391 (GD)

Dabbs v. Sun Life (1998), 48 O.T.C. 391 (GD)

MLB headnote and full text

Temp. Cite: [1998] O.T.C. TBEd. FE.005

Paul Dabbs (plaintiff/respondent) v. Sun Life Assurance Company of Canada (defendant/respondent) and Ronald Dorrington, Joseph Florence and Jack MacLean (class members and objectors/moving parties) and eleven other objectors (class members and objectors/respondents)

(Court File 732/97)

Indexed As: Dabbs v. Sun Life Assurance Co. of Canada

Ontario Court of Justice

General Division

O'Driscoll, J.

January 22, 1998.

Summary:

Dabbs, as representative plaintiff, brought a class proceeding in Ontario on behalf of 400,000 policy holders who purchased vanishing premium policies from Sun Life. Related class proceedings were commenced in Quebec and British Columbia. Following ten months of negotiation, the parties reached a settlement. A number of policy holders objected to the settlement. Several objectors moved to have Dabbs' counsel removed due to conflict of interest. The objectors also applied for interim costs and immunity from costs.

The Ontario Court (General Division), in a decision reported at 44 O.T.C. 357, found that Dabbs' counsel was not in a conflict of interest position. The court in a decision reported at 38 O.T.C. 98, declined to grant costs or immunity from costs. The objectors applied the Ontario Court (General Division) for leave to appeal to the Divisional Court.

The Ontario Court (General Division) dismissed the application, where the objectors failed to satisfy the conditions of rule 62.02(4). The court ordered the objectors to pay solicitor and client costs to Dabbs' counsel and to Dabbs and Sun Life.

Practice - Topic 7454

Costs - Solicitor and client costs - Entitlement to solicitor and client costs - Improper, irresponsible or unconscionable conduct - See paragraphs 43 to 44.

Practice - Topic 8875

Appeals - Leave to appeal - From allowance or dismissal of interlocutory application - See paragraphs 27 to 42.

Cases Noticed:

Evans v. Jeff D. (1986), 475 U.S. 717 (S.C.), refd to. [para. 31].

Manville Canada Inc. v. Ladner Downs (1992), 63 B.C.L.R.(2d) 102 (S.C.), refd to. [para. 33].

Statutes Noticed:

Rules of Civil Procedure (Ont.), rule 62.02(4) [para. 27].

Counsel:

M.S. Deverett, for the objectors, Ronald Dorrington, Joseph Florence and Jack Maclean;

W. Graham Dutton, Q.C., for Siskind, Cromarty, Ivey & Dowler;

Patricia D.S. Jackson, for Sun Life.

This application was heard at Toronto, on October 20, 1997, before O'Driscoll, J., of the Ontario Court (General Division), who released the following judgment on January 22, 1998.