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The Federal Court approved $40 million in class counsel fees, plus taxes and disbursements, and approved honoraria for representative and named plaintiffs.
The court dismissed two non-party intervention applications in a proposed class action settlement approval hearing, finding no direct interest or useful perspective.
On consent, the Federal Court amended Schedule K to a class settlement, corrected community attendance date ranges, and ordered no costs.
Appeal from certification of a multi-jurisdictional class proceeding dismissed. The Court upheld the judge’s assessment under the Class Proceedings Act and declined to require adjournment for out-of-province settlement approvals.
The Federal Court approved $487,103.52 in fees and disbursements for post-implementation class counsel services and authorized payment from trust funds.
The appeal was dismissed without costs on the parties' joint request because the parties reached a settlement which the Federal Court approved and the Settlement Agreement required dismissal of the appeal upon the settlement's effective date.
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The Federal Court approved a class counsel fee agreement and honoraria in the Day Scholars class proceeding, finding the fees fair and reasonable and the representative awards justified.
The court approved dismissal of the Nova Scotia class action with prejudice and without costs because the Ontario proceeding's certified settlement includes Nova Scotia class members, the Ontario court approved the settlement and fee requests, an adequate cross-jurisdictional notice program will reach affected Nova Scotians, and dismissal was a condition for settlement payment; therefore dismissal with consent was appropriate under s.38 of the Class Proceedings Act.
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The appeal was quashed for lack of jurisdiction because the appointed litigation guardian (the Public Guardian and Trustee) has sole authority to control the proceedings, including authority over settlement and appeals; the appellant lacks authority to prosecute the appeal and any challenge to the guardian's appointment must be pursued to the Divisional Court with leave.
Source excerpt
The court allowed opponents in a proposed class action settlement to cross-examine the representative plaintiff, but declined cross-examination of the other plaintiff.
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