On March 15, 2004, the Independent Order of Foresters defeated a class action certification motion in an action alleging breach of contract and misrepresentation in the sale of Universal Life Insurance.
In dismissing the motion, Justice Ian Nordheimer of the Superior Court of Justice maintained that the essential nature of the allegations required the court to examine the individual circumstance of each sale, making the case unsuitable for class treatment. The court found that Foresters’ voluntary remediation program (the member value program) was an appropriate alternative to a class proceeding.
Foresters was represented by Cassels Brock & Blackwell LLP, with a team that included Tim Pinos, Helena Jankovic and Glenn Zakaib (commercial litigation). The plaintiffs were represented by Andrew Camman and Linda Rondinelli of Polishuk Camman & Steele in London, Ontario, and by Peter Sengbusch also in London, Ontario.