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ARTICLE · 03 SEPTEMBER 2018

Complex Individual Damages Assessment Complicates Resolution Of Class Action

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On July 16, 2018, Justice Edwards of the Ontario Superior Court of Justice issued his decision in Davies v. The Corporation of the Municipality of Clarington ...

CanadaLitigation, Mediation & Arbitration
Katie Archibald
Katie Archibald
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On July 16, 2018, Justice Edwards of the Ontario Superior Court of Justice issued his decision in Davies v. The Corporation of the Municipality of Clarington, bringing an end to an 18-year-old class action, nearly ten years after liability had been resolved.

This case arises from a November 23, 1999 VIA Rail train derailment on a trip from Toronto to Montreal, resulting in injuries to over 100 passengers.  In early 2000, a class action was commenced on behalf of the injured passengers.  The class action was certified on August 30, 2000.  Approximately seven years later, in 2007, liability was resolved following a common issues trial. By the end of 2007, the claims of all but one of the 84 class members had been settled.

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