Donald Houston

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 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.

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 plaintiff in a class action alleging a price-fixing conspiracy regarding film capacitors moved for approval of a settlement with the Panasonic defendants and for approval of class counsel fees.

The court found the $1.35 million settlement, which included valuable cooperation from the settling defendants, to be fair and reasonable despite being heavily discounted from the estimated exposure.

The court also approved the requested class counsel fees of 25% of the settlement, but ordered the payment to be split into two installments to incentivize counsel to advance the litigation more expeditiously.

The plaintiffs in a price-fixing class action regarding electrolytic capacitors moved for court approval of a $5.9 million settlement with the Panasonic defendants, as well as approval of class counsel fees and disbursements.

The court found the settlement, which included significant cooperation from the settling defendants, to be fair, reasonable, and in the best interests of the class.

The court also approved the retainer agreements and the requested class counsel fees of $1,487,500 (25% of the settlement) and disbursements of $141,866.96, noting the complexity and risk of the litigation.

Class counsel moved for approval of an interim fee award and disbursements following a $250,000 settlement with the Bank of Montreal defendants in a class action.

The court reviewed the requested fees of $62,500 (25% of the settlement) and disbursements of $119,800.83, plus taxes.

Applying the factors for assessing the reasonableness of class counsel fees, the court found the request fair and reasonable and approved the fee award.

The plaintiffs brought a motion to approve a settlement with the Bank of Montreal (BMO) defendants in a class action alleging a conspiracy to fix prices in the foreign exchange market.

The settlement amount was $250,000.

The court found that the case against BMO was significantly weaker than against other defendants, as BMO's trading operations accounted for less than 1% of the market and no regulatory findings had been made against it.

The court concluded that the settlement was fair, reasonable, and in the best interests of the class, and approved the settlement agreement.

The plaintiffs brought a motion to certify a class action against several banks for allegedly conspiring to fix prices in the foreign exchange market.

The court found that the plaintiffs satisfied the five criteria for certification under the Class Proceedings Act, 1992, but modified the class definition to exclude indirect purchasers (investors) and direct purchasers who transacted with non-defendant banks.

The court certified the action for direct purchasers who transacted with the defendant banks.

The plaintiffs brought a motion to certify a class action for settlement purposes against Morgan Stanley regarding alleged price-fixing in the foreign exchange market.

The court found that the criteria for certification under section 5 of the Class Proceedings Act, 1992 were met, noting that the criteria may be less rigorously applied in a settlement context.

The court approved the settlement agreement, which included a payment of USD$2.3 million by the settling defendant.

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.

The plaintiffs sought certification of a price‑fixing class action for settlement purposes against certain chocolate manufacturers and approval of a settlement with one defendant.

The action alleged a conspiracy to fix, maintain, or stabilize prices of chocolate confectionery products in Canada, contrary to competition law.

The court considered the requirements for certification under the Class Proceedings Act, 1992 and approved certification for settlement purposes, noting that common issues and preferable procedure criteria were satisfied.

The court further approved a $5.3 million settlement with the settling defendant, including cooperation provisions and a most‑favoured‑nation clause, finding the compromise fair, reasonable, and in the best interests of the class.

An interim class counsel fee award of $800,000 inclusive of disbursements and tax was approved, subject to possible adjustment depending on future settlements.