Grozelle v. Corby Spirit and Wine Limited
Corby Spirit and Wine Limited

Facts: Plaintiffs allege that whiskey aging warehouses operated by Corby Spirit and Wine Limited in Lakeshore, Ontario, caused the growth of Baudoinia compniacensis (whiskey fungus), damaging their properties. The fungus is attributed to ethanol emissions from aging barrels, with residents incurring cleaning costs and property damage.

Issues: The court needed to decide if the action could be certified as a class proceeding, focusing on whether the pleadings disclosed a cause of action, if there was an identifiable class with common issues, and whether a class proceeding was the preferable method for resolving the dispute.

Court's Ruling: The court declined to certify the action as a class proceeding, finding the pleadings insufficient and lacking a factual basis for common issues. It ruled that individual issues predominated over common ones, and the proposed representative plaintiffs were not suitable due to misconceptions about the litigation and potential statute-barred claims.

Costs/Damages: The plaintiffs were ordered to pay the defendant's costs fixed at $275,000 all-inclusive.

Superior Court of Justice - Ontario
CV-21-00664146-720600CP
Class actions
$ 275,000
Defendant