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Exclusive Depth and Reach. Go to Legal Compass. Healthcare Real Estate November 30, - December 01, Scottsdale, AZ Join the industry's top owners, investors, developers, brokers and financiers for the real estate healthcare event of the year! General Motors of Canada Ltd. Trillium Motor World, which was a Scarborough, Ont. Pontiac, GMC and Buick dealer, was a representative plaintiff on behalf of class members that signed wind-down agreements, McEwen wrote in his decision.
In , McEwen further clarified his decision, including specifying the damages be awarded to the members of the class that retained Cassels Brock in After reducing the starting point of the damages, the Court of Appeal returned the damages issue to the trial judge.
So, both sides, in coming up with alternative calculations, were positing something other than straight-line arithmetic. Margaret Waddell, founding partner of Waddell Phillips Barristers PC in Toronto, says the issue of aggregate damages is unique in the the class-action world, as the court has more flexibility than in traditional litigation.
Waddell, who was not involved in the case, says that since many cases are settled rather than going to trial, this case is somewhat unusual by spelling out the administration costs: the expenses of getting the money out to the class members.
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