Charles M. Wright

Class counsel brought a motion for approval of the final $500,000 tranche of legal fees and additional disbursements following the near-completion of the administration of a $21 million settlement regarding pelvic mesh devices.

The court previously approved the settlement and the majority of the $5.17 million total fee request.

Finding that the aggregate fees represented a multiplier of less than 1.7 on docketed time and remained lower than the retainer agreements, the court approved the fee request.

The plaintiffs brought a motion on consent for an order approving the discontinuance of a proposed class action without costs.

The action alleged that the defendants breached a duty to warn about the risks of excessive bleeding associated with the anticoagulant drug Pradaxa.

Following the dismissal of the certification motion and subsequent appeals, the action remained dormant.

The court approved the discontinuance under section 29 of the Class Proceedings Act, 1992, finding no reason to refuse the request and no need to impose terms.

The plaintiffs in 17 auto parts price-fixing class actions brought motions for approval of distribution protocols, an order compelling automakers to produce customer information, and approval of honoraria for representative plaintiffs.

The court approved the Omnibus and CVJB Distribution Protocols, finding them fair, reasonable, and in the best interests of the class.

The court also ordered the automakers to produce the requested customer information pursuant to section 12 of the Class Proceedings Act, 1992, and approved modest honoraria for the representative plaintiffs given their long-term commitment to the litigation.

The plaintiffs brought motions for the approval of 12 settlement agreements totaling $22.6 million in various class actions alleging price-fixing in the global automotive parts industry.

The court found that the proposed settlements fell within the 'zone of reasonableness,' as they were generally 8 to 10 percent of the comparable U.S. indirect purchaser settlements.

The court also approved class counsel's request for a 25 percent contingency fee, totaling approximately $5.4 million, plus disbursements, finding the fee presumptively valid and reasonable.

The Plaintiffs sought partial indemnity costs and disbursements totaling $1,391,715.45 following a successful, but partially limited, certification motion in a class action against several financial institutions.

The Defendants argued for a significant reduction, citing their substantial success in narrowing the class definition and potential double recovery from prior settlements.

The court awarded the Plaintiffs $700,000 in legal fees and HST, payable forthwith, and ordered disbursements of $468,705.06 payable in the cause.

The reduction in fees reflected the Defendants' success in streamlining the class action and reducing their potential liability, which the court deemed important for the integrity of the class actions regime and to discourage overambitious claims, without constituting a distributive costs award.

The plaintiffs brought a motion for approval of a $21.5 million settlement agreement in a class action regarding transvaginal mesh medical devices manufactured by the defendants.

The court found the settlement to be fair, reasonable, and in the best interests of the class, noting it was the product of arm's length negotiations and offered good monetary compensation.

The court also approved the distribution plan, class counsel's fee request of $5.375 million plus disbursements, and honoraria of $10,000 for each representative plaintiff.

This decision concerns a motion by the plaintiffs to discontinue a proposed class action in Ontario regarding optionally retrievable inferior vena cava (IVC) filters manufactured by the defendants.

The discontinuance was sought to facilitate the settlement of 11 individual claims.

The court, pursuant to sections 19 and 29 of the Class Proceedings Act, 1992, approved the discontinuance and the proposed notice to putative class members.

The court found that the discontinuance would not prejudice non-settling class members, as similar class proceedings were ongoing in British Columbia and Saskatchewan, and limitation periods remained suspended.

The motion was granted without costs.

The representative plaintiffs and class counsel sought approval of a $21 million settlement in two certified class actions concerning allegedly defective transvaginal mesh devices.

They also sought approval of class counsel fees, disbursements, a distribution protocol, and honoraria for the representative plaintiffs.

The court found the settlement, distribution plan, and fee requests to be fair, reasonable, and in the best interests of the class.

The motion was granted, approving the settlement, the distribution protocol, class counsel fees of approximately $4.17 million, and honoraria for the representative plaintiffs.

Two sets of appellants (manufacturers of optical disc drives) appealed the certification of a price-fixing class proceeding in British Columbia.

The majority held that the discoverability rule applies to extend the two-year limitation period in s. 36(4)(a)(i) of the Competition Act, that fraudulent concealment can toll a limitation period without requiring a special relationship between the parties, that umbrella purchasers (persons who bought from non-defendant manufacturers) have a cause of action under s. 36(1)(a), that s. 36(1) does not bar concurrent common law and equitable claims, and that a plaintiff's expert methodology need only establish that overcharges reached the indirect-purchaser level to certify loss as a common issue.

Côté J. dissented in part, finding that the discoverability rule does not apply to s. 36(4)(a)(i) and that umbrella purchasers have no cause of action under s. 36(1).

Both appeals were dismissed.

This decision concerns a motion for judicial approval of a class action settlement and class counsel's legal fees in the Body Sealing Products action, part of a larger series of auto parts price-fixing class actions.

The plaintiffs sought approval of a $5.75 million settlement with the Nishikawa defendants, which also included cooperation.

The court found the settlement to be fair, reasonable, and in the best interests of the class, falling within the established 'zone of reasonableness' benchmarked against U.S. settlements.

Class counsel's request for a 25% contingency fee plus disbursements and taxes was also approved, consistent with prior jurisprudence on class action fee approvals.

The plaintiffs brought a motion for judicial approval of 13 discrete auto part class action settlements with the HIAMS, Mitsuba, NGK, and Sumitomo Riko defendants, totaling approximately $14.8 million.

The court found that each of the proposed settlements fell within a zone of reasonableness, noting that the Canadian settlement amounts were proportionate to related American settlements.

The court also approved class counsel's request for a 25 percent contingency fee, plus disbursements and taxes, finding it presumptively valid.

The plaintiffs in 42 class actions alleging price-fixing in the automotive parts industry sought judicial approval for 15 discrete settlements with Aisan, Bosch, Melco, and Omron defendants, totaling CDN$13,483,524.

The court also considered a motion to discontinue certain actions against Bosch and approved class counsel's contingency fees and disbursements.

The court found the settlements fair, reasonable, and in the best interests of the class, falling within a zone of reasonableness when compared to related U.S. settlements.

The plaintiffs sought judicial approval of two settlement agreements in class actions alleging price-fixing in the automotive parts industry.

The first settlement with T.Rad was for $1,167,452, and the second with S-Y Systems was for $50,000.

The court found both settlements to be fair, reasonable, and in the best interests of the class, noting they fell within a zone of reasonableness.

The settlements and requested legal fees were approved.

The defendants sought leave to appeal a class action certification decision concerning alleged price-fixing of colour display tubes.

The motion for leave to appeal raised three main issues: whether an unlawful means conspiracy claim could be based on the Competition Act, whether "umbrella purchasers" had a viable cause of action, and whether the methodology for establishing class-wide harm met the "credible and plausible" standard.

The court granted leave to appeal on the issue of umbrella purchasers due to conflicting jurisprudence and concerns about indeterminate liability, but denied leave on the other two issues, finding the certification judge applied the correct test for common issues and that the Competition Act is not a complete code precluding common law claims.

The plaintiff sought leave to appeal a motion judge's order denying an amendment to the class definition to include all downstream purchasers of LCD panels and products.

The court found no good reason to doubt the correctness of the motion judge's decision, noting that the motion judge properly exercised discretion under the Class Proceedings Act and correctly characterized the plaintiff's attempt to re-litigate a previously settled issue as an abuse of process.

Leave to appeal was denied.

This decision concerns the judicial approval of three settlements in ongoing auto-parts price-fixing class actions.

The plaintiffs moved for approval of settlements with Hitachi (CDN$6,667,084), Autoliv (US$3.2 million), and Leoni (CDN$250,000), along with substantial cooperation from the defendants.

The court also considered certification for settlement purposes for the Occupant Safety Systems action against Autoliv and the Automotive Wire Harness Systems action against Leoni.

The court approved all settlements, finding them within a zone of reasonableness based on U.S. settlements, Canadian sales, and cooperation provided.

Additionally, class counsel's legal fees (25% of allocated settlement amounts) and honoraria for representative plaintiffs were approved, emphasizing the importance of robust contingency fee arrangements for access to justice.

The court approved a $2.1 billion class action settlement for Canadian owners and lessees of VW 2.0-litre diesel vehicles affected by the "defeat device" fraud.

The settlement provides cash payments and options for vehicle buyback or emissions modification, with the buyback option generally offering a larger recovery.

The court found the settlement fair, reasonable, and in the best interests of the class, exceeding what members would likely recover under provincial consumer protection legislation or tort law.

The plaintiffs brought a motion to approve class action settlements with the Sumitomo and GS Electech defendants regarding alleged price-fixing of automotive wire harness systems, electronic control units, and heating control panels.

The court found the settlements, totaling $11 million for Sumitomo and $120,000 for GS Electech, to be fair, reasonable, and in the best interests of the class, noting they fell within a zone of reasonableness compared to U.S. settlements and potential damages.

The court also approved class counsel's 25% contingency fee and disbursements.

The plaintiffs brought a motion to certify a proposed class action for settlement purposes regarding Volkswagen's installation of a 'defeat device' in certain diesel vehicles.

The court found that the requirements under s. 5(1) of the Class Proceedings Act were met, including an identifiable class and common issues.

The court also determined it had jurisdiction to certify a national class, noting the efficiency and comity of doing so.

The motion for certification, along with the approval of an unprecedentedly comprehensive notice plan, was granted.

This decision approves two class action settlements against Furukawa and Fujikura defendants for price-fixing in the automotive wire harness systems (AWHS) industry.

The court certified the class actions for settlement purposes, finding that the requirements of the Class Proceedings Act were met.

The settlements, for $2.3 million (Furukawa) and $1,083,280 (Fujikura), were deemed fair and reasonable and in the best interests of the class, based on detailed affidavit evidence from class counsel.

The court also approved class counsel's legal fees, calculated as a 25% contingency plus disbursements and taxes, consistent with retainer agreements and prior jurisprudence.