Is there any case law where a claim in Breslau raises the prospect of indeterminate liability to an unknown class?

Ontario, Canada


The following excerpt is from Conestoga Meat Packers Ltd. v. Fehr, 2007 CanLII 34166 (ON SC):

I agree with the defendants that the claim in this case raises the prospect of indeterminate liability to an indeterminate class. This is not a case where the interruption in electricity was restricted to a single location, or even a modest geographical radius. According to the admissions filed by the parties, hydro service was interrupted for several hours in the Town of Breslau and in other parts of the township of Woolwich and the City of Cambridge. The plaintiff points out that the defendant did establish the actual number of persons affected by the accident. Yet, one can logically infer from the geographical ambit of the service interruption that a significant number of customers were affected – at least enough customers to trigger policy-based concerns. I rely upon Hughes v. Sunbeam Corporation (Canada) Ltd. et al, supra, for the proposition that, absent precise figures, a court is entitled to draw reasonable inferences about the potential number of claimants.

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