The representative plaintiff in a certified class proceeding sought court approval of a proposed settlement under s. 29(2) of the Class Proceedings Act, 1992.
The action alleged that a private college failed to adequately disclose that its dental hygiene program lacked accreditation, delaying graduates’ eligibility to write licensing examinations.
After six years of litigation and two unsuccessful mediations, the parties reached a settlement providing $115,000 to be distributed among class members and a $60,000 contribution toward class counsel’s costs.
The court held that the settlement was fair, reasonable, and in the best interests of the class, despite a single objection concerning allocation.
The court also approved the negotiated contribution to class counsel’s fees given the significant litigation risk and modest recovery relative to counsel’s expenditures.