Châteauneuf v. Canada

Châteauneuf v. Canada

The Federal Court will approve an extrajudicial fees agreement when satisfied it is reasonable in light of the circumstances; applying established factors (experience, time, complexity, result, and financial risk assumed by counsel) the Court found the $350,000 fees agreement reasonable and therefore allowed the motion and approved the agreement.

Citation
2006 FC 446
Parties
Plaintiff and Representative of the Class (employees of Singer Registered in Group Pension Contract G 522): Robert Châteauneuf; Defendant (federal Crown): Her Majesty the Queen
Court
Federal Court
Jurisdiction
Canada
Judgment Date
6 April 2006
Procedural Posture
Class Action (fees Approval Motion) / Motion for Approval of Extrajudicial Fees Agreement Following Settlement Approval
Outcome
Motion allowed; extrajudicial fees agreement RC-1 approved
Legal Topics
Fees Agreement Approval, Attorney Remuneration, Settlement Approval, Risk Allocation, Applicability of Procedural Rules
Source Language
English
Class Actions Civil Procedure Pension Law Professional Ethics Fees Agreement Approval Attorney Remuneration Settlement Approval Risk Allocation +1 more

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Parties

Robert Châteauneuf

Plaintiff and Representative of the Class (employees of Singer Registered in Group Pension Contract G 522)

Her Majesty the Queen

Defendant (federal Crown)

Procedural Posture

Class Action (fees Approval Motion) / Motion for Approval of Extrajudicial Fees Agreement Following Settlement Approval

Legal Issues

  1. 1 Whether the extrajudicial fees agreement between the representative plaintiff and counsel is reasonable and should be approved by the Federal Court
  2. 2 Which factors and tests are appropriate to determine reasonableness of class counsel fees in a Federal Court class action commenced before adoption of current Federal Court Rules
  3. 3 Whether provincial jurisprudence and approaches (Quebec, Ontario, British Columbia) may guide the Federal Court in assessing fee agreements

Ratio Decidendi

The Federal Court will approve an extrajudicial fees agreement when satisfied it is reasonable in light of the circumstances; applying established factors (experience, time, complexity, result, and financial risk assumed by counsel) the Court found the $350,000 fees agreement reasonable and therefore allowed the motion and approved the agreement.

Court Disposition

Motion allowed; extrajudicial fees agreement RC-1 approved

Orders

  • Motion for approval of the fees agreement allowed and extrajudicial fees agreement RC-1 approved (order issued March 30, 2006; reasons dated April 6, 2006)