Tremblay v. Shaw Cablesystems G.P.

Tremblay v. Shaw Cablesystems G.P.

The court certified the class because the certification criteria under the Federal Court Rules were met (reasonable cause, identifiable class and subclasses, common issues, preferable procedure, suitable representative), and approved the Settlement Agreement as fair and reasonable given arm's length negotiation,...

Source-derived case information.

Citation
2012 FC 925
Parties
Plaintiff: Pierre Tremblay; Defendant: Shaw Cablesystems G.P.
Court
Federal Court
Jurisdiction
Canada
Judgment Date
23 July 2012
Procedural Posture
Class Proceeding (settlement Approval) / Certification and Settlement Approval Hearing
Outcome
Class proceeding certified and settlement approved; representative appointed; class counsel fees approved; settlement order entered
Legal Topics
Interest Act Compliance, Certification Criteria, Settlement Approval, Class Counsel Fees, Opt Out Procedures
Source Language
english
Class Actions Consumer Protection Statutory Interpretation Equity (unjust Enrichment) Interest Act Compliance Certification Criteria Settlement Approval Class Counsel Fees +1 more

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Summary, issues, holding and outcome

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Parties

Pierre Tremblay

Plaintiff

Shaw Cablesystems G.P.

Defendant

Procedural Posture

Class Proceeding (settlement Approval) / Certification and Settlement Approval Hearing

Legal Issues

  1. 1 Did Shaw charge interest at 2% per month compounded monthly?
  2. 2 Did Shaw fail to disclose an annualized interest rate contrary to the Interest Act, RSC 1985, c I-15?
  3. 3 Was Shaw unjustly enriched by charging interest in the manner alleged?

Ratio Decidendi

The court certified the class because the certification criteria under the Federal Court Rules were met (reasonable cause, identifiable class and subclasses, common issues, preferable procedure, suitable representative), and approved the Settlement Agreement as fair and reasonable given arm's length negotiation, adequate notice, lack of objections, and proportionality of recovery; it approved payment of $311,256.01 to class counsel and entered the Settlement Approval Order including subclasses, notice and opt-out mechanisms.

Court Disposition

Class proceeding certified and settlement approved; representative appointed; class counsel fees approved; settlement order entered

Orders

  • Pierre Tremblay appointed Representative Plaintiff for the Class
  • The action is certified as a class proceeding