David Klein

This decision sanctions the CCAA Plans of Imperial Tobacco Canada Limited, Imperial Tobacco Company Limited, JTI-Macdonald Corp., and Rothmans, Benson & Hedges Inc., effecting a global settlement of all tobacco-related claims in Canada.

The court reviews the structure, allocation, and fairness of the plans, including the creation of a $1 billion Cy-près Foundation, and addresses objections from social stakeholders.

The court finds the plans fair, reasonable, and in the public interest, and grants the requested relief, including third-party releases and the appointment of plan administrators.

The plaintiff sought to certify a class action on behalf of independent distributors who contracted with the defendants to deliver fresh bread products.

The plaintiff alleged the defendants breached their contracts and the Arthur Wishart Act by participating in and concealing an illegal price-fixing conspiracy.

The court found that the pleadings disclosed viable causes of action, there was an identifiable class, the claims raised common issues, a class action was the preferable procedure, and the representative plaintiff was suitable.

The motion for certification was granted.

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.

Class counsel brought an application to assess the financial sufficiency of the Compensation Fund established under the Hepatitis C class action settlement and sought a declaration prioritizing the transfer of surplus funds to the insolvent Past Economic Loss and Dependents Fund (PELD Fund).

The court found that the Compensation Fund was solvent with a small projected surplus, while the PELD Fund remained insolvent.

To prevent inequity for eligible class members who had received nothing from the depleted PELD Fund, the court authorized the transfer of the remaining Compensation Fund surplus to the PELD Fund, with the specific allocation to be determined at a future hearing.

The court approved a class action settlement concerning the Zimmer Durom Hip Implant, along with Class Counsel's fees and an honorarium for the Representative Plaintiff and a Class Member.

The settlement provides compensation for revised and medically precluded Class Members, with a claims-made structure and no cap on the defendants' liability.

The court found the settlement fair, reasonable, and in the best interests of the class, despite objections regarding the eligibility deadline for revision surgery.