Excalibur Special Opportunities LP v. Schwartz Levitsky Feldman LLP (re: Southern China Livestock Inc.)
2020 ONSC 2793 (settlement approval); 2016 ONCA 916 (certification, appeal) - Linda Rothstein, Odette Soriano, Jeff Larry and Paul Davis represented a class of investors in a private settlement in Southern China Livestock Inc. The class alleged that the company's auditor was negligent in opining on the company's financial statements. The action settled.
Defective Elevator Part Class Action
In TCHC et. al. v. ThyssenKrupp Elevator (Canada) Limited et. al., Odette Soriano, Linda Rothstein, Margaret Waddell, and Karen Jones represented the owners of elevating devices in Ontario that contained ThyssenKrupp sheave jammers, an emergency braking device. The Technical Standards Safety Authority required that these sheave jammers be replaced with different emergency braking devices. The action alleged that the ThyssenKrupp companies, and not the elevator owner/operators, should be responsible for the costs associated with the sheave jammer replacements because of the negligent design, manufacture and installation of the sheave jammers. The action was settled on November 21, 2012 http://canlii.ca/t/ftvp5.
Credit Card Interest
In Markson v. MBNA Canada Bank, Margaret Waddell, Odette Soriano and Linda Rothstein represented individuals who held MBNA branded credit cards. the action alleged that in some cases, if a customer obtained a cash advance using the credit card, and repaid the balance on the card in full in a short period of time, then MBNA received excessive interest, as a result of the cash advance fee it charged. The action was settled on October 17, 2012 http://canlii.ca/t/ftbw8.
Seeding of Contest Prizes
In Currie v. McDonald’s Restaurants, Margaret Waddell represented Canadian customers of McDonald’s restaurants who alleged that the company had improperly assured that any prizes given out in their chance or skill-based games were intentionally diverted away from Canadian customers. The action was settled on September 25, 2007 by the Order of the Honourable Justice Cullity.
In Smith v. National Money Mart, 2010 ONSC 1334, Linda Rothstein and Ken Rosenberg, Margaret Waddell and Odette Soriano acted as class counsel along with lawyers from a number of other firms.
Margaret Waddell and Odette Soriano acted as class counsel in Mortillaro v. Cash Money, 2009 CanLII 35600 (SCJ), and Margaret Waddell acted as class counsel in the companion case of Moyle v. Cash Money, 2011 ONSC 7491.
Odette Soriano and Margaret Waddell also acted for the plaintiff classes in Joseph v Quik Payday Inc. and Mortillaro v. Unicash.
All of these actions were successfully settled in favour the classes.
Andrew Lokan and Odette Soriano represented the respondent class after ING Canada Inc. brought an application to determine the proper distribution of a surplus realized in the partial wind-up of the Wellington Insurance Company Pension Plan. The matter was settled on September 8, 2006.
407 Toll Road
Ken Rosenberg and Odette Soriano acted for 407 Toll Road customers who had been improperly charged a $30 late penalty fee. The matter was settled on April 23, 2003.
Park’N Fly Valet
Margaret Waddell represented individuals who suffered damages arising from a breakdown in provision of its Park’N Fly’s valet parking services from its Airport Road, Mississauga location during the busy post-Christmas period during the week of December 26, 2004. Many customers’ vehicles could not be located, resulting in lengthy delays, which in some cases were in excess of 24 hours, before the vehicles could be located and returned. This matter was settled pursuant to the Minutes of Settlement executed by the parties on November 8, 2005.
Hepatitis A Infections
Margaret Waddell and Odette Soriano represented the plaintiff class in a suit relating to an employee of Loblaws who was infected with Hepatitis A and who may have caused the infection to spread. Thousands of customers of Loblaws obtained an inoculation following the identification of the infected individual as an employee of Loblaws, working in the produce section of one of its stores. The Settlement of this action was approved by the Superior Court on June 15, 2006.