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Canada Case Law

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Class action 2022 FC 551

McLean v. Canada

The Federal Court approved $487,103.52 in fees and disbursements for post-implementation class counsel services and authorized payment from trust funds.

  • Fee approval
  • Settlement agreement implementation
  • Withdrawal from trust
  • Post-implementation legal services
  • Class-action
  • Fee-approval
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Trusts and trustees 2020 BCSC 1494

Watt v. Health Sciences Association of British Columbia

The court settled the order in a class proceeding, holding the Hewitt recovery was to be treated net of the trustees’ legal costs and confirming class counsel fees on sums actually received.

  • Section 86 trustee act
  • Contingency fee agreement
  • Settlement distribution
  • Interpretation of 'net recovery'
  • Trustees' indemnity for legal costs
  • Class-actions
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Class actions 2010 BCSC 1008

MacKinnon v. National Money Mart Company

The court approved a class action settlement against Money Mart, approved class counsel fees at 30% of the fund, and awarded each representative plaintiff $7,500.

  • Payday loans
  • Cheque cashing fees as interest
  • Criminal code s.347 effective annual rate
  • Settlement approval
  • Contingency fee approval
  • Representative plaintiff compensation
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Legal profession 2006 BCSC 1443

Bayshore Law Group v. Bogoch

Registrar Blok dismissed a solicitor fee review, finding the solicitor failed to prove Dr. Bogoch acted as David Bogoch’s agent for a higher hourly rate.

  • Retainer terms
  • Agency
  • Notice of rate change
  • Fee responsibility
  • Estoppel
  • Billing practices
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Probate 2003 BCSC 126

Fleming Estate (Re)

Court held probate fees should be calculated on the deceased’s own property plus his undivided half interest in family assets at death.

  • Probate fees
  • Division of family assets
  • Family relations act s.43
  • Estate valuation
  • Probate-fees
  • Estate-valuation
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Class actions C28348

Gagne v. Silcorp Limited

The motions judge erred by failing to give adequate weight to the material risk of non‑certification and to the degree of success achieved; applying the s.33(7)(b) factors and the suggested yardsticks, a multiplier of two on the base fee up to the April 17, 1997 settlement date is fair and reasonable.

  • Contingency fee multiplier
  • Certification risk
  • Solicitor remuneration under class proceedings act
  • Interpretation of s.33
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Canada decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.