Plaintiff
Defendant
Facts: Peter Gaibisels initiated a proposed class action against Solart LLL Corp. and others, following Solart's bankruptcy in 2014. The claim involved around 130 individuals who paid deposits to Solart for solar panels that were never delivered. The plaintiffs alleged that the deposits were made based on false representations and sought damages and other relief.
Issues: The case revolved around the certification of the class action, with specific disputes over the refusal to answer certain questions during cross-examinations and the proper scope of these examinations.
Court's Ruling: The court found that the refusals to answer questions during cross-examinations were generally justified, as the questions were deemed irrelevant, immaterial, unanswerable, or disproportionate. However, it ordered that certain defendants re-attend examinations to answer properly posed questions relevant to the certification process.
Costs/Damages: The court encouraged parties to agree on costs. If no agreement was reached, submissions on costs were to be made within specified timeframes. The court reserved the decision on costs pending these submissions.
Court
Superior Court of Justice - OntarioCase Number
15-51609-CPPractice Area
Class actionsAmount
Winner
DefendantTrial Start Date
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