Devra Anne Charney

This decision concerns the approval of a $30 million settlement in a class action alleging that major junior hockey players were employees entitled to minimum wage and other benefits.

The court approved the settlement, finding it fair, reasonable, and in the best interests of the class, given the high litigation risks and uncertain legal landscape.

The court also approved Class Counsel's fees but declined to approve honoraria for the representative plaintiffs, reiterating that such awards should be rare and reserved for exceptional contributions.

The representative plaintiffs in three related class actions concerning the employment status of major junior hockey players sought approval of a $30 million settlement.

The court declined to approve the settlement because of an eleventh-hour objection raising concerns that the standard form release in the settlement agreement might bar class members from pursuing other existing class actions against the defendants for concussions, sexual abuse, and anti-competitive behaviour.

The court found that the release needed to be renegotiated to ensure it did not prejudice class members' rights in those other actions.

The moving parties, representing two groups of plaintiffs, brought motions for leave to appeal an order of Belobaba J. in a class action proceeding.

The Divisional Court dismissed the motions for leave to appeal.

On agreement of the parties, no costs were awarded.

A case management conference was held to schedule two motions for leave to appeal a decision appointing carriage counsel in a class action.

The court established a timetable for the exchange of motion materials, directed the creation of a joint record and electronic drop box, and ordered that the motions proceed in writing before a three-judge panel of the Divisional Court.

Three competing groups of law firms sought carriage of a proposed class action against LifeLabs following a massive data breach affecting 15 million patients.

The court evaluated the competing proposals based on factors including the experience of counsel, overall approach, and proposed fee arrangements.

Carriage was awarded to the McPhadden Group (the Carter action) because their proposal for a single national class action was preferred over parallel actions, and their proposed contingency fee arrangement was significantly more cost-effective for the class.