David William Kent

This motion concerned the approval of class counsel fees, disbursements, and a representative plaintiff honorarium following the settlement of two national class proceedings (2012 and 2016 Actions) against various defendants, including Apple Inc., for an alleged eBook price-fixing conspiracy.

The aggregate settlement amount was $15,175,000.

Class Counsel sought $2.7 million in fees (25% of the Apple settlement, adjusted for Quebec) and $43,669.39 in disbursements, plus a $5,000 honorarium for the representative plaintiff.

The court addressed whether the Class Proceedings Act is a complete code for fee approval, the applicability of the Solicitors Act and its regulations regarding costs and disbursements in "all-in" settlements, and the treatment of notional cost contributions and administration costs.

The court found that the Solicitors Act provisions regarding costs and disbursements should apply harmoniously to class proceedings.

It ruled that disbursements should be deducted from the gross settlement amount, and a notional contribution to costs ($500,000) should be applied before calculating counsel fees.

Settlement administration costs were deemed not a disbursement incurred by counsel.

The court approved class counsel fees of $2,450,000 plus taxes, disbursements of $43,669.39 plus taxes, and an honorarium of $2,500 for the representative plaintiff.

The appellants challenged the Federal Court of Appeal's decision setting aside the Copyright Board of Canada's tariff determination, which had held that s. 2.4(1.1) of the Copyright Act created a separate compensable 'making available' right triggering royalties both when works are made available online and again when downloaded or streamed.

The majority held that the Board's interpretation violated the principle of technological neutrality and was inconsistent with the text, structure, and purpose of the Act; correctness was the applicable standard of review as concurrent first instance jurisdiction between courts and the Board constitutes a sixth category of correctness review.

Section 2.4(1.1) was interpreted as clarifying only that s. 3(1)(f) applies to on-demand streams and that a work is performed as soon as it is made available for on-demand streaming, with Canada's obligations under art. 8 of the WIPO Copyright Treaty satisfied through a combination of existing performance, reproduction, and authorization rights.

The concurring minority would have applied a reasonableness standard but agreed the Board's decision was unreasonable for disregarding binding precedent and the principle of technological neutrality.

Appeal dismissed.

The plaintiff in a proposed price-fixing class action regarding linear resistors brought motions to discontinue the action against six defendants and to certify the action for settlement purposes against the Kamaya defendants.

The court approved the discontinuance, finding no prejudice to the class as tolling agreements were in place and there was no evidence of the discontinued defendants' involvement in the conspiracy.

The court also certified the action for settlement purposes, approving an expanded class definition that included British Columbia purchasers to facilitate a comprehensive settlement with the Kamaya defendants.

The plaintiff in a price-fixing class action sought approval of a settlement with the sole individual defendant.

The settlement provided no monetary compensation but required the defendant to provide extensive cooperation, including an evidentiary proffer, interviews, document exchange, and trial testimony.

The court approved the settlement under s. 29 of the Class Proceedings Act, finding it fair, reasonable, and in the best interests of the class, as the defendant's inside information offered significant strategic value against the remaining corporate defendants.

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.

This motion concerned the approval of class counsel's retainer agreement, fees, and disbursements following a partial settlement in a price-fixing class action.

The plaintiff class counsel sought approval for 25% of the settlement amount ($2.35 million) as fees, plus disbursements and interest.

The court reviewed the retainer agreements for compliance with the Class Proceedings Act, 1992, and assessed the reasonableness of the fees and disbursements based on established factors.

The court approved the retainer agreements and the requested fees and most disbursements, but declined to approve interest on disbursements at this stage, pending further developments in the ongoing litigation.

The plaintiff sought court approval for a class action settlement agreement with the Panasonic defendants in a price-fixing conspiracy action concerning linear resistors.

The settlement included a monetary payment of $2,350,000 and significant cooperation from the Panasonic defendants to assist in prosecuting the action against non-settling defendants.

The court approved the settlement, finding it fair, reasonable, and in the best interests of the class, considering the arm's length negotiations, the benefits of cooperation, and the risks of continued litigation.

However, the court rejected a proposed term in the draft order that would allow class counsel to use settlement funds for future disbursements, citing concerns about retainer agreements and counsel's financial risks.

The plaintiffs moved for approval of a settlement agreement and class counsel fees in a product liability class action concerning defective Takata airbags installed in Honda vehicles.

The settlement provided a recall remedy, reimbursement of out-of-pocket expenses, and an outreach program, though its total monetary value was not readily calculable.

The court found the settlement to be fair, reasonable, and in the best interests of the class, noting the significant safety risks addressed.

The court also approved class counsel's fee request of $5,750,000 plus disbursements, finding it reasonable given the risks undertaken and the results achieved.

The plaintiffs, trustees of a pension fund, commenced a class action in Ontario and a similar one in Federal Court.

Settlements were reached with some defendants in the Federal Court action.

The plaintiffs sought court approval to discontinue the Ontario action, with prejudice and without costs, in favour of the Federal Court proceedings.

The court granted the motion, finding no prejudice to putative class members as their claims would continue in the Federal Court, and that discontinuing the Ontario action would avoid a multiplicity of proceedings.

The plaintiffs in a class action sought an order approving the certification of the action for settlement purposes, appointing representative plaintiffs, and approving notice and opt-out procedures.

The action concerned defective Takata airbags in Honda vehicles, following approximately 1.52 million vehicle recalls in Canada.

The court found that all criteria for certification under the Class Proceedings Act, 1992, were met, noting that these criteria may be applied less rigorously in a settlement context.

The motion was granted, approving the certification for settlement and related procedures.

The plaintiff, Jooli Park, brought a motion for certification of a class action against Samyang Foods Co. for settlement purposes, approval of a settlement agreement with Samyang, dismissal of the action against the non-settling defendants (Nongshim, Ottogi, Korea Yakult, and Paldo), approval of class counsel fees and disbursements, payment of an honorarium to Park, and cy-près distribution of remaining settlement funds.

The court granted all requested relief except for the honorarium to Park, finding that her contributions were not exceptional enough to warrant it.

The settlement with Samyang was approved, and the action against the non-settling defendants was dismissed without costs, considering the increased litigation risks after an unsuccessful jury trial in a related US class action.

The applicants sought declarations regarding the governance and operations of the Mount Pleasant Group of Cemeteries (MPGC), a statutory trust established in 1826.

The court granted the applicants public interest standing and found that MPGC's directors had not been validly appointed since 1987, as they failed to comply with the mandatory election procedures in the 1849 Act.

The court declared that MPGC holds its assets as a charitable trust and that its operation of visitation centres and funeral homes exceeded its statutory objects.

The court declined to order a formal investigation under the Charities Accounting Act but appointed the seven most senior directors as trustees, subject to confirmation at a public meeting.

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 plaintiffs brought motions for settlement approval and fee approval in several class actions alleging price-fixing in the automotive parts industry.

The court certified the actions against Yazaki and Chiyoda for settlement purposes.

The court approved settlements with Yazaki and Chiyoda totaling over $11 million, noting that class counsel provided supplementary evidence demonstrating that the settlement amounts fell within the zone of reasonableness.

The court also approved class counsel's 25 percent contingency fee request.

The representative plaintiff in a proposed national class action alleged that multiple manufacturers conspired to fix prices of polyurethane foam and carpet underlay products.

The plaintiff brought a motion seeking court approval of several negotiated settlement agreements with numerous defendants totaling approximately $29.28 million for the benefit of the class, along with cooperation provisions to assist claims against remaining defendants.

An objector argued that the settlements should not be approved until a distribution protocol and damages analysis were finalized.

The court held that settlement approval can properly occur before approval of a distribution protocol and that the negotiated settlements were fair, reasonable, and in the best interests of the class given the complexity, litigation risk, and absence of meaningful objections.

The settlements were therefore approved.

The plaintiff brought a motion seeking certification of a proposed class proceeding against one defendant for settlement purposes.

The claim alleged a conspiracy to raise, maintain, fix, or stabilize gasoline prices in Eastern Ontario contrary to the Competition Act and the common law.

The court held that the pleadings disclosed viable causes of action, the proposed class definition was objectively ascertainable, and the existence of the alleged conspiracy constituted a common issue suitable for class determination.

The court further found that the representative plaintiff adequately represented the class and that the proposed settlement agreement contained a workable litigation plan including opt‑out procedures and notice provisions.

Certification for settlement purposes was granted as against the settling defendant.