Aggregate Damages In Class Proceedings: Ontario Court Takes A First Step

In what is reported to be the first class action decision in which an award of aggregate damages on a class-wide basis has been made, the Ontario Superior Court of Justice has ruled that if all or part of a defendant's monetary liability to class members can be fairly and reasonably determined without individual proof, aggregate damages awards should be made.¹

The decision, Ramdath v George Brown College, which actually considers the viability of an award of aggregate damages in practice, notes that aggregate assessments may be essential to the continuing viability of the class action as a procedural option for plaintiffs seeking access to justice. The court's review of the issues underlying aggregate assessments will be of interest to plaintiffs and defendants facing claims that rely on these provisions of the Class Proceedings Act.