Chelsea Smith

The Superior Court of Justice approved a class action settlement concerning the defendant's practice of automatically renewing mortgages at increased interest rates.

The court found the $1.5 million settlement to be fair, reasonable, and in the best interests of the class, noting the arm's length negotiation and lack of objections.

Class counsel fees of $450,000 plus HST and disbursements were approved, being less than their hourly rate calculation and reflecting the significant risk undertaken.

However, the requested $15,000 honorarium for the representative plaintiff was denied, as the court determined her contributions, while appropriate, did not meet the 'exceptional circumstances' threshold required for such an award.

The plaintiff brought a consent motion to certify a class proceeding against Haventree Bank for settlement purposes.

The action alleged that the bank breached legislation and contract terms by automatically renewing mortgages at higher interest rates, leading to additional costs for class members.

The court granted the certification, finding that all criteria under the Class Proceedings Act, 1992 were met, including disclosure of a cause of action, an identifiable class, common issues, and that a class proceeding was the preferable procedure, especially in the context of a settlement.

The court also approved the notice plan and the appointment of a Claims Administrator.

The plaintiff brought a motion to certify a class action against the defendants, alleging that their glyphosate-based herbicide, Roundup, causes non-Hodgkin's lymphoma.

The court analyzed the five certification criteria under the Class Proceedings Act, 1992.

While the court struck the proposed causes of action for battery and unjust enrichment, it found that the pleadings disclosed a valid cause of action in negligence and failure to warn.

The court approved the proposed class definition, certified several common issues including general causation and punitive damages, and concluded that a class proceeding was the preferable procedure.

The action was certified as a class proceeding.

The plaintiff brought an unopposed motion for approval of a negotiated settlement and class counsel fees in a class action arising from the defendant's failure to follow public health standards in sterilizing medical instruments at its wound care clinics.

The court approved the settlement, which established a $195,000 fund to compensate the Infected Persons Class, finding it fair, reasonable, and in the best interests of the class.

The court also approved class counsel fees of $112,078.93 and a representative plaintiff honorarium of $1,500.

This endorsement concerns the approval of a class action settlement and class counsel fees in two consolidated proceedings (Johnson et al. v. Ontario and Sabourin v. Ontario) alleging deplorable conditions at the Elgin-Middlesex Detention Centre.

The court approved a settlement of $32,795,400 and class counsel fees of $9,388,207.92, finding the settlement to be fair, reasonable, and in the best interests of the class, given the significant litigation risks, the protracted nature of the actions, and the desire for a certain outcome for the thousands of affected class members.

The contingency fee agreements and the requested fees were also deemed fair and reasonable.

This motion concerned an application by The Class Action Clinic, University of Windsor, Faculty of Law, to intervene as a friend of the court in an appeal brought by Donald Parker.

Parker's appeal challenged an unsuccessful motion for an extension of time to opt out of a class action against Her Majesty the Queen in the Right of Ontario, concerning medical care for inmates.

The Clinic sought to provide a framework for determining extensions of time to opt out of class actions.

The court granted the Clinic's motion to intervene, finding that the Clinic could make a useful contribution to the appeal's resolution without prejudicing the parties, given the unsettled legal considerations regarding opt-out extensions in class actions.

The plaintiffs in two related class actions sought approval of their retainer agreements and Class Counsel's legal fees following a settlement.

The court found the retainer agreements complied with the Class Proceedings Act and were understood by the representative plaintiffs.

The court also approved the negotiated collective fee of $1,989,507.91 for Class Counsel across Canada, finding the 1.1 multiplier reasonable given the results achieved, the risks involved, and the extensive work performed.

The defendants in two related class actions brought a motion seeking production of Class Counsel's detailed time and fee records (Fee Details) in advance of a scheduled fee approval motion.

Class Counsel sought a multiplier of approximately three on its docketed time, totaling nearly $5 million in fees.

The court granted the motion, finding that the Fee Details were necessary for the defendants and the court to assess whether the requested fees were fair and reasonable, particularly given Class Counsel's assertions that there was no duplication of work among the national consortium of law firms.

The defendants in two related class actions brought motions to compel the representative plaintiffs to answer questions refused during examinations for discovery.

The refused questions related to the plaintiffs' individual medical and employment histories, reasons for detention, and other individual experiences.

The court dismissed the defendants' motions, holding that discovery prior to a common issues trial is limited to the common issues.

The court found that the individual damages questions were not relevant to the common issues of systemic negligence or aggregate damages, which must be determined without reference to the circumstances of individual class members.

The plaintiffs in two class actions against Hyundai and Kia sought court approval for a proposed settlement agreement concerning allegedly defective Theta II 2.0-litre and 2.4-litre gasoline direct injection engines in certain vehicles.

The settlement provides for an extended lifetime powertrain warranty, reimbursement for past qualifying repairs and related expenses, compensation for vehicles sold at a loss or lost to engine fire, and a trade-in rebate program.

The court reviewed the settlement against the principles for class action settlement approval, including arm's-length bargaining, the amount of investigation, the zone of reasonableness, and the recommendations of counsel and representative plaintiffs.

Despite objections from a small percentage of class members, the court found the settlement to be fair, reasonable, and in the best interests of the class, approving it as it falls within the zone of reasonable outcomes given the litigation risks and benefits.