..............................................................
Status: Application for leave to appeal dismissed with costs by
the Court on May 25, 2000.
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Procedural law — Civil procedure — Class actions — Whether it is sufficient that the class proceeding resolves a single common issue, while leaving substantial individual issues, including causation and damages, to be determined in individual proceedings — Whether an aggregate award of damages is appropriate even where members of the class may have suffered no injuries — Whether the claim for nervous shock, absent proof of a recognizable psychiatric or psychological injury, discloses a cause of action — Whether the subclass of uninfected patients is properly constituted.
COUNSEL:
| Mary M. Thomson (McCarthy Tétrault),
for the motion. Michael McGowan (McGowan & Associates), contra. |
CHRONOLOGY:
| 1. |
Application for leave to appeal: |
|
FILED: September 29, 1999. S.C.C. Bulletin, 1999, p. 1519. |
||
|
SUBMITTED TO THE COURT: May 1, 2000. S.C.C. Bulletin, 2000, p. 852. |
| Before: | McLachlin C.J. and Iacobucci and Major JJ. |
PROCEDURAL HISTORY:
Judgment at first instance: Respondents' action awarded class
proceeding
status and accepted.
Ontario Court
(General Division), J.H. Jenkins J.,
February 7,
1997.
32 O.R. (3d) 400; [1997] O.J. No. 548.
Judgment on appeal: Applicants' appeal allowed in part,
amendments to
trial decision ordered.
Ontario Court
(General Division), Divisional Court,
Campbell,
Keenan and Tobias JJ., February 20, 1998. 156 D.L.R. (4th) 735; 37 O.R. (3d)
235; [1998] O.J. No. 671.
Judgment on appeal: Respondents' appeal and Applicants'
cross-appeal
allowed in part.
Ontario Court
of Appeal, McMurtry C.J.O., Carthy and
Weiler JJ.A.,
July 7, 1999.
175 D.L.R. (4th) 409; 44 O.R. (3d) 673; [1999] O.J.
No.
2494.