2 total
Court approves class action fire settlement and class counsel contingency fees.
The representative plaintiff in a certified class action arising from a 2010 apartment building fire brought a motion for approval of a negotiated settlement and approval of class counsel’s fees under the Class Proceedings Act, 1992.
The settlement required the defendants to pay $5.5 million to resolve all claims by class members for property damage, personal injury, displacement, emotional distress, and related losses, together with $1.4 million toward legal fees and disbursements.
The court considered the established criteria for settlement approval in class proceedings, including the likelihood of success, the extent of discovery and investigation, the recommendation of experienced counsel, the absence of meaningful objections, and the arm’s‑length nature of the negotiations.
The court concluded the settlement was fair, reasonable, and in the best interests of the class.
The court also approved class counsel fees totaling $1,150,000 as reasonable given the litigation risks, complexity, and results achieved.
Appeal of time-limited spousal support dismissed where recipient refused available employment to pursue unrealistic education.
The appellant wife appealed a trial judgment fixing time-limited spousal support at $550 per month.
The wife, who was qualified in Early Childhood Education, refused to seek employment in her field, instead pursuing a lengthy and unrealistic educational program to become a teacher.
The Divisional Court dismissed the appeal, finding no error in principle in the time limit, as the husband should not bear the costs of an unrealistic educational program.
The quantum was also upheld, as the parties were in similar after-tax positions and the wife had exclusive possession of the matrimonial home.
