Neil Campbell

The plaintiff in a class action alleging a price-fixing conspiracy regarding film capacitors moved for approval of a settlement with the Panasonic defendants and for approval of class counsel fees.

The court found the $1.35 million settlement, which included valuable cooperation from the settling defendants, to be fair and reasonable despite being heavily discounted from the estimated exposure.

The court also approved the requested class counsel fees of 25% of the settlement, but ordered the payment to be split into two installments to incentivize counsel to advance the litigation more expeditiously.

The plaintiffs in a price-fixing class action regarding electrolytic capacitors moved for court approval of a $5.9 million settlement with the Panasonic defendants, as well as approval of class counsel fees and disbursements.

The court found the settlement, which included significant cooperation from the settling defendants, to be fair, reasonable, and in the best interests of the class.

The court also approved the retainer agreements and the requested class counsel fees of $1,487,500 (25% of the settlement) and disbursements of $141,866.96, noting the complexity and risk of the litigation.

The plaintiffs, trustees of a pension fund, commenced a class action in Ontario and a similar one in Federal Court.

Settlements were reached with some defendants in the Federal Court action.

The plaintiffs sought court approval to discontinue the Ontario action, with prejudice and without costs, in favour of the Federal Court proceedings.

The court granted the motion, finding no prejudice to putative class members as their claims would continue in the Federal Court, and that discontinuing the Ontario action would avoid a multiplicity of proceedings.

Two sets of appellants (manufacturers of optical disc drives) appealed the certification of a price-fixing class proceeding in British Columbia.

The majority held that the discoverability rule applies to extend the two-year limitation period in s. 36(4)(a)(i) of the Competition Act, that fraudulent concealment can toll a limitation period without requiring a special relationship between the parties, that umbrella purchasers (persons who bought from non-defendant manufacturers) have a cause of action under s. 36(1)(a), that s. 36(1) does not bar concurrent common law and equitable claims, and that a plaintiff's expert methodology need only establish that overcharges reached the indirect-purchaser level to certify loss as a common issue.

Côté J. dissented in part, finding that the discoverability rule does not apply to s. 36(4)(a)(i) and that umbrella purchasers have no cause of action under s. 36(1).

Both appeals were dismissed.

The plaintiffs in 42 class actions alleging price-fixing in the automotive parts industry sought judicial approval for 15 discrete settlements with Aisan, Bosch, Melco, and Omron defendants, totaling CDN$13,483,524.

The court also considered a motion to discontinue certain actions against Bosch and approved class counsel's contingency fees and disbursements.

The court found the settlements fair, reasonable, and in the best interests of the class, falling within a zone of reasonableness when compared to related U.S. settlements.

The plaintiffs sought judicial approval of two settlement agreements in class actions alleging price-fixing in the automotive parts industry.

The first settlement with T.Rad was for $1,167,452, and the second with S-Y Systems was for $50,000.

The court found both settlements to be fair, reasonable, and in the best interests of the class, noting they fell within a zone of reasonableness.

The settlements and requested legal fees were approved.

The plaintiffs in a class action alleging a price-fixing conspiracy in the foreign exchange market moved for approval of six settlements totaling $51.5 million.

The court reviewed the settlements in light of the estimated range of total damages, the litigation risks, and the value of the settling defendants' cooperation.

Finding the settlements to be fair, reasonable, and in the best interests of the class, the court approved the settlements.

The plaintiffs in a proposed class action alleging a conspiracy to fix prices in the FX Market brought a motion to certify the action for settlement purposes and approve settlements with four groups of defendants (Barclays, HSBC, RBS, and Standard Chartered PLC).

The court reviewed the motion record and found that all criteria for certification under s. 5 of the Class Proceedings Act, 1992 were satisfied, even with a less rigorous application in a settlement context.

The motion was granted, certifying the action for settlement purposes and approving the settlements.

This class action involved two motions: approval of three settlements totaling $39.2 million in an FX market price-fixing conspiracy case, and approval of Class Counsel's fees and disbursements.

The court approved the settlements, finding them fair and reasonable given the litigation risks and the stage of the proceedings.

However, the court partially denied Class Counsel's request for $9.8 million in fees, approving only an additional $2 million, citing that the achieved recovery (5 cents on the dollar against a potential $1 billion loss) was respectable but not "very good," and that the claimed litigation risks were somewhat exaggerated given prior regulatory findings and U.S. settlements.

The court emphasized the need for diligence in approving contingency fees in settlements to ensure they are provident for class members, not just counsel.

The plaintiffs brought a motion to approve class action settlements with the Sumitomo and GS Electech defendants regarding alleged price-fixing of automotive wire harness systems, electronic control units, and heating control panels.

The court found the settlements, totaling $11 million for Sumitomo and $120,000 for GS Electech, to be fair, reasonable, and in the best interests of the class, noting they fell within a zone of reasonableness compared to U.S. settlements and potential damages.

The court also approved class counsel's 25% contingency fee and disbursements.

The plaintiffs brought a proposed class action alleging that the defendant financial institutions conspired to fix prices in the foreign exchange (FX) market.

The plaintiffs reached settlement agreements with three groups of defendants (Goldman Sachs, JPMorgan, and Citi) totaling $39.25 million.

The plaintiffs moved for an order certifying the action as a class proceeding for settlement purposes against these settling defendants and approving the notice plan.

The court found that the criteria for certification under section 5 of the Class Proceedings Act, 1992 were satisfied and granted the order.

The plaintiffs brought a class action alleging that numerous financial institutions conspired to manipulate the foreign exchange market.

The plaintiffs reached early settlements with three groups of defendants (UBS, BNP, and Bank of America) totaling $15,950,000.

The plaintiffs sought court approval of the settlements and Class Counsel's fee request.

The court approved the settlements, finding them fair, reasonable, and in the best interests of the class, particularly given the litigation risks and the value of the settling defendants' cooperation.

The court also approved Class Counsel's fee request of $3,987,500 plus disbursements.

This decision approves two class action settlements against Furukawa and Fujikura defendants for price-fixing in the automotive wire harness systems (AWHS) industry.

The court certified the class actions for settlement purposes, finding that the requirements of the Class Proceedings Act were met.

The settlements, for $2.3 million (Furukawa) and $1,083,280 (Fujikura), were deemed fair and reasonable and in the best interests of the class, based on detailed affidavit evidence from class counsel.

The court also approved class counsel's legal fees, calculated as a 25% contingency plus disbursements and taxes, consistent with retainer agreements and prior jurisprudence.

The plaintiffs brought motions for settlement approval and fee approval in several class actions alleging price-fixing in the automotive parts industry.

The court certified the actions against Yazaki and Chiyoda for settlement purposes.

The court approved settlements with Yazaki and Chiyoda totaling over $11 million, noting that class counsel provided supplementary evidence demonstrating that the settlement amounts fell within the zone of reasonableness.

The court also approved class counsel's 25 percent contingency fee request.