Evangelia (Litsa) Kriaris

The defendants in a class action sought a pause in proceedings, including the adjournment of a certification motion, pending a Supreme Court of Canada judgment in *Toshiba Corporation v Godfrey*.

The SCC decision was expected to clarify key issues relevant to class certification in price-fixing cases, specifically regarding "umbrella purchasers" and the economic methodology for proving common impact for indirect purchasers.

The court granted the motion, finding that a temporary pause would prevent the need for redoing expert reports and ensure the certification motion was based on the most current state of the law, thereby promoting the expeditious and efficient conduct of the litigation.

The Plaintiffs, Khurram Shah and Alpina Holdings Inc., brought a competition law class action against numerous defendants concerning an alleged price-fixing conspiracy for Lithium Ion Battery Cells (LIBs).

This decision addresses the Plaintiffs' motion for court approval of settlement agreements reached with three groups of defendants: NEC Corporation and NEC Tokin Corporation (collectively 'NEC'), Samsung SDI Co., Ltd. and Samsung SDI America, Inc. (collectively 'Samsung'), and Sony Corporation, Sony Energy Devices Corporation, Sony Electronics, Inc., and Sony of Canada Ltd. (collectively 'Sony').

The Plaintiffs also sought approval of class counsel fees and disbursements related to these settlements.

The court reviewed the settlements for fairness, reasonableness, and best interests of the class, considering factors such as likelihood of success, counsel's recommendation, and absence of objections.

The court also assessed the reasonableness of the requested contingency fees and disbursements.

The court approved all three settlement agreements and the requested class counsel fees and disbursements.