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ARTICLE · 26 JULY 2024

Ontario Superior Court Decides Bellwether Individual Issues Trials In Class Action

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In Reddock v Attorney General of Canada, 2024 ONSC 3238, the Ontario Superior Court released a post-common issues trial decision regarding the additional damages, if any, five plaintiffs were entitled to as a result of the placements in administrative segregation in Canadian prisons.

CanadaLitigation, Mediation & Arbitration
Ethan Schiff
Ethan Schiff
Marshall Torgov
Marshall Torgov
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In Reddock v Attorney General of Canada, 2024 ONSC 3238, the Ontario Superior Court released a post-common issues trial decision regarding the additional damages, if any, five plaintiffs were entitled to as a result of the placements in administrative segregation in Canadian prisons.

The damages determinations for the five individual plaintiffs are "bellwether cases" meant to provide guidance for the other individual claims. This process was set out in a protocol established through section 25 of the Ontario Class Proceedings Act, 1992 (the Ontario CPA), which provides a court with broad discretion to determine individual issues after a class action common issues trial. In this decision, three of the five class members received additional compensation of varying quantum. Two received no additional compensation.

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