Canada Case Law

Chun v. Vancouver Whitecaps FC LP

Court

Supreme Court of British Columbia

The court approved the settlement as fair and reasonable and within a zone of reasonableness given the novel and uncertain claims, substantial litigation risks, the impracticality of meaningful direct distribution to a large class, and meaningful cy-pres and non-monetary relief; it approved class counsel fees of $156,750 (33% of the settlement) as reasonable and reduced the requested representative plaintiff honorarium from $2,500 to $1,500 to be paid as a disbursement.

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• Cy-pres settlement
• Settlement approval
• Counsel fees
• Representative plaintiff honorarium
• Misleading advertising
• Notice to class members

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Verville v. Canada (Attorney General)

Court

Supreme Court of British Columbia

Because the IRSSA expressly defines both the survivor and their descendants as Class Members and contains a comprehensive release approved by courts, both plaintiffs are bound by the IRSSA; therefore, on the face of the pleadings it is plain and obvious the claim against Canada is barred by the IRSSA and discloses no reasonable cause of action, and must be struck without leave to amend.

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• Indian residential school settlement agreement (irssa)
• Release and binding effect on class members
• Intergenerational harm
• Striking pleadings (no reasonable cause)
• Notice to class members
• Finality of settlements

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Charlton v. Musashi Bockenau GmbH & Co. KG

Court

Supreme Court of British Columbia

The Supreme Court of British Columbia approved a class action settlement with one defendant in an antitrust case, finding it fair, reasonable, and in the class’s best interests.

• Settlement approval
• Certification for settlement
• Cooperation provisions
• Damages assessment
• Notice to class members
• Cartel enforcement

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Salt River First Nation #195 v. Tk'emlúps te Secwépemc First Nation

Court

Federal Court of Appeal

The Court found the Federal Court erred in procedural fairness by deciding Salt River's motion in writing without hearing the parties and in making factual findings (regarding adequacy of notice) unsupported by the evidence; the judge also erred in law and in exercise of discretion by treating missed opt-in as an absolute bar and by improperly finding Salt River was not directly affected or adequately represented. The fresh evidence was admissible, and the appeal raised important guidance issues, but because the settlement had been implemented and no effective relief could be granted, the app…

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• Intervention
• Opt-in class membership
• Settlement approval
• Procedural fairness
• Fresh evidence
• Mootness

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Moushoom v. Canada (Attorney General)

Court

Federal Court

Le tribunal fédéral a accordé une ordonnance interlocutoire pour restreindre certaines communications non approuvées avec des membres du recours collectif autochtone.

• Notice to class members
• Solicitation of clients
• Re-traumatization
• Settlement approval
• Website communications
• Class-actions

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Thomas v. ByteDance Ltd., Tiktok Ltd.

Court

Supreme Court of British Columbia

The court approved a TikTok class action settlement, found notice adequate despite no mass email, approved a broad but reasonable release, and granted cy-près, fees, and honoraria.

• Settlement approval
• Notice to class members
• Scope of release
• Cy-près distribution
• Class counsel contingency fees
• Honoraria for representative plaintiffs

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N&C Transportation Ltd. v. Navistar International Corporation

Court

Supreme Court of British Columbia

The court directed class-action notice now, narrowed the class definition, fixed the class period to the judgment date, and split notice costs equally.

• Certification
• Notice to class members
• Multi-jurisdictional class actions
• Class definition and class period
• Costs of notice
• Settlement coordination

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Lin v. Airbnb, Inc.

Court

Federal Court

The Federal Court approved the Airbnb class settlement, but reduced class counsel fees from 33% to 30% and lowered the representative plaintiff’s honorarium.

• Double ticketing (s.54)
• Settlement approval
• Class counsel fees
• Honorarium
• Coupon/non-cash settlements
• Notice to class members

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Ward v. Flair Airlines Ltd.

Court

Federal Court

The Federal Court approved discontinuance of a proposed class proceeding against Flair Airlines Ltd., awarded no costs, and ordered notice to putative class members.

• Discontinuance
• Notice to class members
• Costs
• Publication of notice
• Class-actions
• Civil-procedure

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Hosington v. Johnson & Johnson Inc.

Court

Supreme Court of British Columbia

The court ordered single-stage certification and discontinuance in a class action, held s. 37(1) CPA displaced Rule 9-8(4) costs, and refused lump-sum costs.

• Certification
• Discontinuance
• Costs (rule 9-8(4) and s.37 cpa)
• S.37(2)(c) exceptional circumstances
• Notice to class members
• Lump-sum costs fixing

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