Court of Appeal rejects attempt to expand class action to recover amounts owed to non-class members

Stockwoods lawyers Brendan van Niejenhuis and Fredrick Schumann successfully resisted an appeal of an order striking amendments to the Statement of Claim in a class proceeding against the City of Windsor and Town of Tecumseh.  The plaintiffs sought to expand their claim to recover allegedly unlawful lottery licensing fees not just on behalf of class members, but full disgorgement of all funds received by the defendants, including funds paid by those who opted out of the case or were otherwise excluded from the approved class.  The Court of Appeal rejected these amendments and held that such a claim was legally unsupportable.

Read the Court’s decision.