Background:

• The Plaintiff filed a class action against various automobile insurers, alleging wrongful reduction of weekly payments for loss of income under the standard automobile policy's section B accident benefits.
• Discontinuance against several defendants had occurred, and the action remained uncertified with no significant procedural steps like discovery or filing of defense documents.

Legal Issue:

• The main question was whether the court should allow the discontinuance of the class action without notifying the proposed class members, as per section 35(1) of the Class Actions Act.

Court's Analysis and Decision:

• The court considered the lack of publicity or awareness of the action among potential class members, the absence of reliance on the proceeding by any class members, and the disproportionate costs of notice compared to its benefits.
• Given these factors, and based on precedents and the provisions of the Class Actions Act, the court ruled that discontinuance without notice to the proposed class members was appropriate and would not result in unfairness or prejudice to them.

Outcome:

• The application for discontinuance without notice was granted, allowing the class action to be discontinued without the need for informing potential class members, and the decision was made without ordering costs against any party.
• No financial terms specified.