Pass Herald Ltd. v. Google LLC

Pass Herald Ltd. v. Google LLC

The Court approved the Amended LFA as being in the interests of justice, subject to limiting pre-approval to an OBC Return not exceeding 10% of the total claim proceeds and preserving the Court’s discretion to reassess any scenario in which OBC’s return would exceed 10%; the unredacted LFAs are to remain confidential and under seal; approval is conditional on delivery of the prescribed undertaking by OBC/Omni Bridgeway and no costs were awarded.

Citation
2024 FC 305
Parties
Plaintiff (representative): Pass Herald Ltd.; Defendant: Google LLC; Defendant: Google Ireland Limited; Defendant: Google Canada Corporation; Defendant: Meta Platforms Inc.; Defendant: Facebook Ireland Limited; Defendant: Facebook Canada Ltd.; Litigation Funder; Third Party: Omni Bridgeway (Fund 5) Canada Investments Ltd. (OBC)
Court
Federal Court
Jurisdiction
Canada
Judgment Date
23 February 2024
Procedural Posture
Proposed Class Proceeding / Motion to Approve Amended Litigation Funding Agreement and Confidentiality Order (pre Certification Funding Approval)
Outcome
Amended LFA approved in part; confidentiality order granted; undertaking required; no costs awarded
Legal Topics
Competition Act S45 S46 S47 S52, Litigation Funding Approval, Champerty and Maintenance, Class Counsel Fees, Access to Justice, Court Discretion on Funding Terms
Source Language
English
Competition Law Class Actions Civil Procedure Litigation Funding Confidentiality and Protective Orders Competition Act S45 S46 S47 S52 Litigation Funding Approval Champerty and Maintenance +3 more

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Parties

Pass Herald Ltd.

Plaintiff (representative)

Google LLC

Defendant

Google Ireland Limited

Defendant

Google Canada Corporation

Defendant

Meta Platforms Inc.

Defendant

Facebook Ireland Limited

Defendant

Facebook Canada Ltd.

Defendant

Omni Bridgeway (Fund 5) Canada Investments Ltd. (OBC)

Litigation Funder; Third Party

Procedural Posture

Proposed Class Proceeding / Motion to Approve Amended Litigation Funding Agreement and Confidentiality Order (pre Certification Funding Approval)

Legal Issues

  1. 1 Whether the amended litigation funding agreement (Amended LFA) should be approved as being in the interests of justice
  2. 2 Whether the redacted provisions of the Amended LFA should remain confidential and sealed
  3. 3 Whether the Amended LFA is champertous

Ratio Decidendi

The Court approved the Amended LFA as being in the interests of justice, subject to limiting pre-approval to an OBC Return not exceeding 10% of the total claim proceeds and preserving the Court’s discretion to reassess any scenario in which OBC’s return would exceed 10%; the unredacted LFAs are to remain confidential and under seal; approval is conditional on delivery of the prescribed undertaking by OBC/Omni Bridgeway and no costs were awarded.

Court Disposition

Amended LFA approved in part; confidentiality order granted; undertaking required; no costs awarded

Orders

  • Approve the Amended LFA insofar as the return to OBC, over and above reimbursement of the amount funded, does not exceed 10% of the total claim proceeds; preserve Court discretion to address any scenario where OBC’s return would exceed 10%
  • Unredacted versions of the initial LFA and the Amended LFA shall remain confidential and under seal