Colin Stevenson

The plaintiffs brought a motion for approval of a $15.5 million settlement in a class action concerning defective metal-on-metal hip implants.

The settlement provides compensation for class members who underwent premature revision surgery, medically precluded claimants, and family members with derivative claims.

The court approved the settlement as fair and reasonable, noting it compares favourably to similar settlements in other jurisdictions.

The court also approved class counsel's 30% contingency fee and awarded $10,000 honoraria to the lead representative plaintiffs for their extensive contributions over 11 years of litigation.

The defendant real estate brokerage brought a motion for an interlocutory injunction requiring the plaintiff to vacate a jointly operated branch office, or alternatively, preventing the plaintiff from posting notices at the premises.

The parties were engaged in an acrimonious dispute over a joint venture agreement.

The court refused to grant the mandatory injunction requiring the plaintiff to vacate, finding the defendant failed to establish a strong prima facie case.

However, the court granted a limited injunction preventing the plaintiff from papering the front window with copies of a previous court order, as this conduct risked damaging the defendant's reputation and causing a default under the lease.

The plaintiffs moved, on consent, for certification of a proposed medical device class action for settlement purposes, approval of a national settlement, and approval of class counsel fees under the Class Proceedings Act, 1992.

The action concerned allegations that surgical mesh hernia repair products were defectively designed and inadequately warned against, causing injuries due to device ring breakage or buckling.

The court found that the certification criteria under s. 5(1) of the Act were satisfied, noting an identifiable class and common issues regarding negligent design and failure to warn.

The court further held that the proposed $1.375 million settlement was fair, reasonable, and in the best interests of the class given significant litigation risks and the small number of qualifying claimants.

A 30% contingency fee and disbursements were also approved as reasonable in light of the work performed and the risks undertaken by class counsel.