Mara Tessier

The Representative Plaintiffs in a class proceeding brought an application seeking court approval of a protocol to resolve a claims-processing issue, effectively amending the settlement to include Auxiliary Constables.

The Court dismissed the motion, finding it lacked jurisdiction to change the negotiated settlement without the Defendant's consent, as there was no gap in the agreement and the terms were being correctly applied.

Auxiliary Constables were explicitly covered by an earlier overlapping class action settlement.

This motion concerns the approval of class counsel fees following a class action settlement.

Class Counsel requested approval of a fee structure involving a $6 million contribution from the Defendant and a 15% contingency fee from the compensation awarded to each class member.

The court reviewed the factors for determining fair and reasonable fees, including the results achieved, risk undertaken, time expended, and fees in similar cases.

Taking into account the premium on time expended and the lack of required post-settlement work, the court found that a contingency fee of 7%, in addition to the $6 million contribution, was fair and reasonable.

The plaintiffs sought approval of a class action settlement agreement addressing gender and sexual orientation based harassment and discrimination of women who worked or volunteered with the RCMP but were not RCMP employees (the "Primary Class").

The settlement provides compensation ranging from $10,000 to $220,000 through a confidential claims process without a cap on the total settlement amount.

Applying the factors for class action settlement approval, the Federal Court found the agreement fair, reasonable, and in the best interests of the class as a whole, noting it was negotiated at arm's length, supported by experienced counsel, and avoided protracted litigation.

The settlement was approved.