Welsh v. Ontario

JurisdictionOntario
CourtCourt of Appeal (Ontario)
JudgeSharpe,Juariansz,Roberts
Citation2019 ONCA 41
Docket NumberC65528
Date24 January 2019

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9 practice notes
  • Ontario Court Of Appeal Summaries (January 21 – 25, 2019)
    • Canada
    • Mondaq Canada
    • January 31, 2019
    ...Oppression, Condominium Act , 1998, SO 1998, c 19, ss 74, 135(2), BCE Inc. v. 1976 Debentureholders, 2008 SCC 69 Welsh v. Ontario, 2019 ONCA 41 Keywords: Civil Procedure, Class Proceedings, Settlements, Approval, Class Counsel Fees, Courts of Justice Act , R.S.O. 1990, c. C.43, s. 134, ......
  • Fair Compensation or Unjustified Temptation to Compromise?: an Empirical Review of Requests for Honorarium Awards in Canadian Class Actions
    • Canada
    • Irwin Books The Canadian Class Action Review No. 17-2, March 2022
    • March 1, 2022
    ...v Medtronic Inc, 2020 ONSC 1687; Cappelli, above note 127; Park, above note 125; Welsh v Ontario, 2018 ONSC 3217, rev’d on other grounds 2019 ONCA 41. 138 Shah, above note 53 at para 51. 139 Morabito, above note 63 at 346. 140 Windisman, above note 46 at para 28. L a R ev ue Ca nadienne des......
  • Bancroft-Snell v. Visa Canada Corporation
    • Canada
    • Court of Appeal (Ontario)
    • October 17, 2019
    ...by a class member who was not a representative party. All of those decisions are readily distinguished on that basis: Welsh v. Ontario, 2019 ONCA 41, 432 D.L.R. (4th) 117 (the appellant was the representative plaintiff); Airia Brands Inc. v. Air Canada, 2017 ONCA 792, leave to appeal refuse......
  • Motion Judge Erred In Law By Approving Class Counsel's Fees On Condition That $1.5 Million Be Donated To Charity
    • Canada
    • Mondaq Canada
    • February 7, 2019
    ...The appeal provides useful guidance for practitioners on fee approval motions in class actions. The Settlement Agreement Welsh v. Ontario, 2019 ONCA 41 involved a class action commenced in August 2015 under the Class Proceedings Act, 1992, S.O. 1992, c. 6 alleging that the province of Ontar......
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5 cases
  • Bancroft-Snell v. Visa Canada Corporation
    • Canada
    • Court of Appeal (Ontario)
    • October 17, 2019
    ...by a class member who was not a representative party. All of those decisions are readily distinguished on that basis: Welsh v. Ontario, 2019 ONCA 41, 432 D.L.R. (4th) 117 (the appellant was the representative plaintiff); Airia Brands Inc. v. Air Canada, 2017 ONCA 792, leave to appeal refuse......
  • Welsh v. HMQ Ontario
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • August 22, 2019
    ...name="_ftn4" title="" id="_ftn4">[4] Ibid. at para. 92. [5] Welsh v Ontario, 2019 ONCA 41 at para. [6] Ibid. at para. 17. [7]e, div.clause-e {margin-right:0cm; margin-left:0cm; font-size:12.0pt; font-family:"Times New Roman";} /* Page Definitions */ @page WordSection1 {size:612.0pt 792.0pt;......
  • JB & M Walker Ltd. v. The TDL Group Corp.
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • April 29, 2019
    ...the Defendant must freely enter. I do not have the authority to amend it either at an objector’s request or sua sponte: Welsh v Ontario, 2019 ONCA 41, at para [8] In any case, what Mr. Sanderson raises are matters of business relations within the Tim Hortons franchise system which the parti......
  • Dixon et al. v. Barwin
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • November 1, 2021
    ...v. Sony BMG Music (Canada) Inc., 2011 ONSC 7105 [7] See Smith Estate v. National Money Mart Co., 2011 ONCA 233 and Welsh v. Ontario, 2019 ONCA 41 [8] See Johnston v. The Sheila Morrison Schools, 2013 ONSC 1528 [15]        How can the damages suffered by a ......
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