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ARTICLE · 10 JULY 2014

Judge Awards Aggregate Damages In Class Action

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The claim involved misrepresentations stemming from course calendars issued by George Brown College about the benefits of its International Business Management Program.

CanadaLitigation, Mediation & Arbitration
Glenn Zakaib
Glenn Zakaib
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In a decision released on June 24, 2014, the Honourable Mr. Justice Belobaba of the Ontario Superior Court of Justice set forth a rationale for determining when aggregate damages can be assessed in a class action claim1 in Ontario.

The claim involved misrepresentations stemming from course calendars issued by George Brown College about the benefits of its International Business Management Program. The common issues trial resulted in a finding that the defendant had engaged in an unfair practice under the Consumer Protection Act and that there had been negligent misrepresentation.

The matter then resumed for the damages phase, at which time class counsel took the position that they would proceed only on the consumer protection claim, thereby seeking to eliminate the need for individual reliance as would be required in a negligent misrepresentation claim. The plaintiffs sought damages under s. 18(2) of the Consumer Protection Act rather than having to prove

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