Emrys Davis

Bennett Jones LLP brought an unopposed motion to be removed as lawyers of record for the Clover Leaf Defendants in a proposed class action alleging a price-fixing conspiracy.

The Clover Leaf Defendants had filed for bankruptcy protection in the US and Canada, resulting in a stay of proceedings and the sale of their assets.

As the entities' interests are now governed by bankruptcy trustees who have their own counsel, Bennett Jones LLP could no longer represent them.

The court granted the motion, noting it would not cause prejudicial delay.

The plaintiffs sought judicial approval of settlement agreements totaling $7.9 million with seven defendant groups in multiple class actions alleging price-fixing in the global automotive parts industry.

The court also considered the approval of a distribution protocol, discontinuances and dismissals against certain defendants, representative plaintiff honoraria, and class counsel's 25% contingency fees.

The court found the settlements, distribution protocol, and fees to be fair, reasonable, and in the best interests of the class, and granted all requested approvals.

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 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.

The plaintiffs in a certified competition law class action regarding a price-fixing conspiracy for lithium-ion batteries moved for approval of a settlement with the Panasonic defendants, as well as approval of class counsel fees and a representative plaintiff honorarium.

The court approved the settlement of approximately $8.2 million CAD and the requested 25% contingency fee, finding them fair and reasonable.

However, the court denied the request for a $5,000 honorarium for the representative plaintiff, concluding his contribution was not exceptional.

The plaintiffs in a competition law class action regarding price-fixing of lithium ion batteries brought a motion for consent certification for settlement purposes and approval of a notice plan regarding a settlement with the Panasonic defendants.

The settlement provided for payment of approximately $8.2 million CAD.

The court found that the criteria for certification under the Class Proceedings Act, 1992 were met in the settlement context and granted the motion, approving the certification and the plan for disseminating the notices of hearing.

The plaintiffs brought a motion for judicial approval of 13 discrete auto part class action settlements with the HIAMS, Mitsuba, NGK, and Sumitomo Riko defendants, totaling approximately $14.8 million.

The court found that each of the proposed settlements fell within a zone of reasonableness, noting that the Canadian settlement amounts were proportionate to related American settlements.

The court also approved class counsel's request for a 25 percent contingency fee, plus disbursements and taxes, finding it presumptively valid.

The plaintiffs in a competition law class action regarding price-fixing of lithium-ion batteries brought a motion for consent certification for settlement purposes against two groups of defendants, NEC and Samsung.

The plaintiffs and the settling defendants reached settlement agreements and agreed on a plan for disseminating the notice of hearing for settlement approval.

The court found that the criteria for certification under section 5 of the Class Proceedings Act, 1992 were met in the settlement context and granted the motion to certify the action for settlement purposes.

The plaintiffs brought a motion to certify a class action against several manufacturers of lithium-ion batteries, alleging a price-fixing conspiracy that artificially inflated prices for direct and indirect purchasers in Canada.

The court certified the action solely for the statutory cause of action under section 36 of the Competition Act.

The court excluded 'umbrella purchasers' (those who bought from non-defendants) from the class, finding it plain and obvious they lacked a cause of action due to indeterminate liability and lack of restitutionary basis.

The court also declined to certify the common law claims for unlawful means conspiracy and unjust enrichment, holding that they were precluded by the comprehensive statutory scheme of the Competition Act.

The remaining certification criteria were met for the statutory claim.

The applicants moved for an order regarding post-closing issues following a court-approved sale of properties.

The respondents sought payout on two mortgages, including compensation for future interest loss, as the mortgages were vested off title prior to maturity.

The applicants objected, arguing the mortgages were self-dealing and should not include an unbargained pre-payment penalty.

The court found that the mortgages did not contain a pre-payment privilege and that the respondents did not breach any fiduciary duty in the refinancing.

The court ruled in favour of the respondents, ordering that they be compensated for future interest loss.

The applicants moved for an order regarding post-closing issues following a court-approved sale of properties.

The respondents sought a payout on two mortgages that included a prepayment penalty for future interest loss.

The applicants argued the mortgages were self-dealing and should not include a prepayment penalty, as the original CMHC mortgages did not.

The court found that the mortgages did not contain a prepayment privilege and that the respondents were entitled to compensation for the loss resulting from the early vesting off title of the mortgages.

The court ruled in favour of the respondents.

The applicant, a unitholder in an income fund, sought an order requiring the fund's trustees to call a special meeting of unitholders to vote on a proposed transaction involving the restructuring of preference shares and secured notes.

The court found that the proposed transaction was objectively 'materially adverse' to the unitholders because it postponed payments on the secured notes.

Consequently, under the Declaration of Trust, the trustees lacked the authority to vote the fund's common shares in favour of the transaction without unitholder approval.

The court ordered the special meeting of the company to be adjourned pending a unitholder vote.

In a proposed national class proceeding alleging a price‑fixing conspiracy in the market for DRAM semiconductor devices, the representative plaintiffs sought approval of four additional settlement agreements with certain defendants and approval of class counsel fees.

The court assessed whether the negotiated settlements were fair, reasonable, and in the best interests of the class under the Class Proceedings Act, 1992.

Although no finalized distribution protocol for settlement funds had yet been developed, the court concluded the settlements—totaling $23.325 million and including cooperation provisions—were reasonable given litigation risk and the benefit of cooperation against non‑settling defendants.

The court also scrutinized class counsel’s request for a 30% contingency fee of approximately $7.13 million.

Finding that percentage excessive at this stage of the proceedings, the court reduced the fee award to 20% of total settlements achieved to date and approved an interim fee of $4,180,345.59.