This class action concerned a health hazard at a dental practice due to improperly cleaned instruments, leading to potential exposure to Hepatitis B, C, and HIV for approximately 9,000 patients.
The court approved a proposed settlement of $1,550,000 in damages, plus costs and disbursements, resulting in a net settlement amount of $1,058,550.
The settlement fund was divided into an Infected Claims Fund (70%) and an Exposed (Uninfected) Claims Fund (30%), with provisions for the Ontario Ministry of Health's subrogated claim.
The court also approved class counsel fees of $465,000, plus HST and disbursements, based on a 30% contingency fee.
The approval was based on the settlement being fair, reasonable, and in the best interests of the class, considering litigation risks and the benefits of a streamlined claims process.