The plaintiffs sought court approval of a class action settlement under s. 29(2) of the Class Proceedings Act, 1992 arising from a Legionnaires’ Disease outbreak at a municipal long‑term care facility.
The settlement created a compensation fund for class members with tiered payments based on hospitalization and permitted challenges to categorization and references for additional damages.
The court applied established factors governing settlement approval and concluded the agreement fell within the zone of reasonable outcomes given litigation risk, delay, and the advanced age of many class members.
The court also approved class counsel fees and modest stipends for representative plaintiffs.
Due to a conflict with counsel and ongoing objections, one representative plaintiff was removed during the administration phase of the settlement.
