Eric Leinveer

The plaintiff sought approval of a $7 million settlement and class counsel fees in a class proceeding against an insurance company regarding the performance of an investment fund.

The action, which spanned 20 years, involved claims of breach of contract and negligent misrepresentation.

The court found the settlement to be fair, reasonable, and in the best interests of the class, given the significant litigation risks.

The court also approved class counsel's 30% contingency fee, noting the high risks undertaken and the good result achieved for the class.

The applicant university brought a motion for an interlocutory injunction to prevent the respondent sports organization from releasing a tribunal decision regarding a football player's eligibility.

The applicant argued that the parties had previously reached a settlement agreement wherein the respondent agreed not to pursue the eligibility complaint.

The court found it had jurisdiction to enforce the settlement agreement under contract law.

Applying the RJR MacDonald test, the court found a strong prima facie case of a binding settlement, irreparable harm to the players and the university's reputation if the injunction was denied, and the balance of convenience favoured the applicant.

The interlocutory injunction was granted.