Class actions are typically preoccupied with economies of scale – making possible for many what would be impossible or impractical for the few. Not so, however, for the one (yes, one) class member in Davies v. The Corporation of the Municipality of Clarington, 2019 ONSC 2292, who refused several offers to settle and decided instead to forge through a marathon damages trial against four sets of defendants, ending up with a $2.5 million adverse costs award for his trouble.
BACKGROUND
This action was commenced by the representative plaintiff Davies in September 2000, arising out of a train derailment in Bowmanville on November 23, 1999. The liability trial took place over 11 weeks beginning in April 2005. Prior to closing arguments in the liability trial, a settlement was negotiated, and said settlement received final approval of the Court in December 2006.
The settlement excluded the claim of class member Christopher Zuber, whose independent counsel acted to obtain the order carving out Mr. Zuber’s claim from the class-wide settlement.
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