Christiaan Jordaan

The plaintiffs moved, on consent, for certification of a proposed medical device class action for settlement purposes, approval of a national settlement, and approval of class counsel fees under the Class Proceedings Act, 1992.

The action concerned allegations that surgical mesh hernia repair products were defectively designed and inadequately warned against, causing injuries due to device ring breakage or buckling.

The court found that the certification criteria under s. 5(1) of the Act were satisfied, noting an identifiable class and common issues regarding negligent design and failure to warn.

The court further held that the proposed $1.375 million settlement was fair, reasonable, and in the best interests of the class given significant litigation risks and the small number of qualifying claimants.

A 30% contingency fee and disbursements were also approved as reasonable in light of the work performed and the risks undertaken by class counsel.

In a CCAA proceeding, the Applicants (Hollinger Inc. et al.) sought approval of settlement agreements with their former auditors (KPMG) and lawyers (Torys).

The Non-Settling Defendants, including Conrad Black and David Radler, opposed the settlements, arguing the court lacked jurisdiction and that the included third-party releases and bar orders would deprive them of procedural rights to discovery.

The court held it had jurisdiction under the CCAA to manage litigation as a corporate asset.

The court approved the Pierringer-style settlements, finding that the procedural rights of the Non-Settling Defendants could be adequately protected through active case management and the application of the principle of proportionality in discovery.