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.

Source excerpt

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

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Ewert v. Nippon Yusen Kabushiki Kaisha

Court

Supreme Court of British Columbia

The court approved the settlement with the Höegh defendants and dismissed the actions against them, finding the settlement fair and reasonable based on extensive investigation, adversarial negotiation, a substantial recovery relative to deemed loss, and adequate notice; the court also approved class counsel's fees, disbursements and interim payment as reasonable under the applicable fee factors.

Source excerpt

• Price‑fixing
• Settlement approval
• Counsel fees and contingency fees
• Notice to class
• Pass‑through damages
• Cooperation clause in settlements

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Martell v Nova Scotia (Attorney General)

Court

Supreme Court of Nova Scotia

The Court approved the Settlement Agreement as fair, reasonable and in the best interests of the Class; interpreted "collected compensation" in the CFA as relating to amounts actually recovered and not limiting the fee here; and, applying statutory factors and accepted jurisprudential benchmarks, approved the Class Counsel Fee at 30% (maximum $12,529,710.10) and Disbursements of $100,161.40, directed payment in two instalments with a 20% holdback for potentially reverting funds, and approved $15,000 honoraria to each Representative Plaintiff.

Source excerpt

• Settlement approval
• Class counsel fees
• Contingency fee agreements
• Representative plaintiff honoraria
• Certification
• Independent assessment process

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Wolfe v. Hyundai Auto Canada Corp.

Court

Supreme Court of British Columbia

The court approved a nationwide class settlement involving alleged ABS module defects in Hyundai and Kia vehicles, along with class counsel fees and a representative honorarium.

• Settlement approval
• Certification for settlement purposes
• Class counsel fees
• Representative plaintiff honorarium
• Distribution protocol
• Vehicle recall and warranty extension

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Simard (on behalf of the Quebec First Nations and Inuit Police Chiefs Association) v. Public Safety Canada

Court

Canadian Human Rights Tribunal

The Tribunal dismissed the Conseil de la Nation Wendat’s motions to join a human rights complaint or continue it if the original complainant withdraws.

• Discrimination
• Procedural fairness
• Joinder of parties
• First nations and inuit policing program
• Settlement approval
• Joinder-of-parties

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Estey v. Attorney General (Nova Scotia)

Court

Supreme Court of Nova Scotia

The court approved the Settlement because, on balance, it fell within the zone of reasonableness: it is a substantial monetary recovery ($32–$34 million), negotiated at arm's length by experienced counsel with a strong factual basis and disclosure, it mitigates trial risks (including s.15/s.1 justificatory defences and lengthy individualized assessments), provides a low-barrier, accessible and confidential claims process tailored to vulnerable claimants, produced no objections after broad notice, and includes appropriate arrangements for fees, honorarium, claims administration and the approve…

Source excerpt

• S.15(1) charter discrimination
• Settlement approval
• Claims administration
• Contingency fees
• Litigation funding
• Social assistance eligibility

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Hardy v. Canada (Attorney General)

Court

Federal Court

The Federal Court approved a class action settlement for abuse claims arising from Indian Hospitals, finding it fair, reasonable, and in the class’s best interests.

• Settlement approval
• Compensation scheme
• Institutional abuse
• Indian hospitals
• Releases and opt-outs
• Claims administration

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Cadieux v. Cadieux

Court

Court of Appeal for Ontario

The motion judge did not err in approving the Pierringer agreement because the alleged prejudice to non‑settling defendants was speculative and did not outweigh the strong public policy favoring settlement; the Negligence Act and existing jurisprudence preclude a proportionate reduction or equitable restitution that would undermine the purpose of Pierringer agreements.

Source excerpt

• Pierringer agreement
• Negligence act s.1
• Contribution and indemnity
• Apportionment of liability
• Settlement approval
• Costs

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First Nations Child & Family Caring Society of Canada et al. v. Attorney General of Canada (representing the Minister of Indigenous and Northern Affairs Canada)

Court

Canadian Human Rights Tribunal

The Tribunal suspended the Joint Motion schedule and will first decide, on a preliminary basis, whether the Chiefs of Ontario and Nishnawbe Aski Nation may bring the motion or need expanded participation rights.

• Standing
• Interested party participation
• Settlement approval
• Procedural timetable
• Jurisdiction
• Interested-party-participation

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Regan v. Masonite International Corporation

Court

Federal Court

The Federal Court approved two settlement agreements in a competition class action, along with a distribution protocol, a cy-près donation, and class counsel fees.

• Price‑fixing
• Settlement approval
• Cy-près distribution
• Class counsel fees
• Release scope
• Certification

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