Dabbs v. Sun Life Assurance Co. of Canada, (1998) 50 O.T.C. 396 (GD)

• Judge: Winkler, J.
• Court: Ontario Court of Justice General Division (Canada)
• Case Date: October 09, 1997
• Jurisdiction: Ontario
• Citations: (1998), 50 O.T.C. 396 (GD)

Dabbs v. Sun Life (1998), 50 O.T.C. 396 (GD)

MLB headnote and full text

Temp. Cite: [1998] O.T.C. TBEd. FE.113

Paul Dabbs (plaintiff) v. Sun Life Assurance Company of Canada (defendant)

(Court File No. 22861 (London))

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

Ontario Court of Justice

General Division

Winkler, J.

February 11, 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. They submitted that the counsel negotiated its fee arrangement payable by Sun Life concurrently with the settlement and, accordingly, had a pecuniary interest in the action that created a disqualifying conflict of interest.

The Ontario Court (General Division), in a decision reported at 38 O.T.C. 98, dismissed the motion, finding that Dabbs' counsel was not in a conflict of interest.

The Ontario Court (General Division) held that solicitor and client costs were appropriate.

Practice - Topic 7408

Costs - Solicitor and client costs - General principles - Solicitor and client costs as damages or punishment - See paragraphs 1 to 15.

Practice - Topic 7454

Costs - Solicitor and client costs - Entitlement to solicitor and client costs - Improper, irresponsible or unconscionable conduct - See paragraphs 1 to 15.

Cases Noticed:

Bisyk (No. 2), Re (1980), 2 O.R.(2d) 281 (H.C.), refd to. [para. 11].

Apotex Inc. v. Egis Pharmaceuticals (1990), 2 O.R.(3d) 126 (Gen. Div.), refd to. [para. 11].

Statutes Noticed:

Courts of Justice Act, R.S.O. 1990, c. C-43, sect. 131(1) [para. 9].

Rules of Civil Procedure (Ont.), rule 57.01(4)(c), rule 57.03(1) [para. 10].

Counsel:

Christine H. Mauro, for the law firm, Siskind, Cromarty, Ivey & Dowler;

H. Lorne Morphy, Q.C., and Patricia Jackson, for the defendant;

Michael Deverett, for three objectors;

J. Douglas Barnett and Gary Will, for 11 objectors.

This case was heard on October 9, 1997, before Winkler, J., of the Ontario Court (General Division), who released the following judgment on february 11, 1998.