Sandra Forbes

The plaintiff sought a case conference to establish a timetable for a certification motion in a proposed class proceeding against Keurig Canada Inc. regarding alleged misrepresentations about the recyclability of K-Cups.

The court noted the existence of three other overlapping proposed class proceedings in British Columbia, Federal Court, and Toronto.

The court declined to fix a date for the certification motion at this stage, instead ordering that a carriage motion be brought within 60 days to determine which action should proceed.

Class counsel sought approval of fees representing 25 percent of a $770,000 partial settlement, as well as disbursements.

The court approved the disbursements but declined to approve the requested 25 percent fee at this stage.

The court found the hourly rates used by counsel to be grossly excessive, distorting the value of docketed time.

Noting that the litigation remained in its procedural infancy after six years, the court fixed the fee award at $100,000 plus HST, without prejudice to counsel's right to seek additional amounts upon further settlement or completion of the certification motion.

The plaintiffs brought a motion to certify a class action against major producers and retailers of packaged bread, as well as their parent companies, alleging a 16-year price-fixing conspiracy.

The court certified the action against the producer and retailer defendants on behalf of direct and indirect purchasers of packaged bread.

However, the court refused to certify the claims against the parent companies, finding no material facts pleaded to support their involvement.

The court also refused to certify claims on behalf of 'umbrella purchasers' (those who bought fresh bread or packaged bread from non-defendants), finding no plausible methodology to prove that the price-fixing of packaged bread caused an actionable increase in the prices of those non-competing or diverse products.

The plaintiff in a proposed price-fixing class action regarding linear resistors brought motions to discontinue the action against six defendants and to certify the action for settlement purposes against the Kamaya defendants.

The court approved the discontinuance, finding no prejudice to the class as tolling agreements were in place and there was no evidence of the discontinued defendants' involvement in the conspiracy.

The court also certified the action for settlement purposes, approving an expanded class definition that included British Columbia purchasers to facilitate a comprehensive settlement with the Kamaya defendants.

The plaintiffs in a certified competition law class action regarding price-fixing of lithium-ion batteries moved for approval of settlements with the LG Chem and Toshiba defendants, as well as for approval of class counsel fees.

The court found the settlements, which provided approximately $5.1 million from LG Chem and $264,000 from Toshiba, to be fair, reasonable, and in the best interests of the class.

The court also approved class counsel's fee request of approximately $1.18 million, representing a 25% contingency fee, finding it reasonable given the risks undertaken and the results achieved.

The plaintiffs in a competition law class action regarding a price-fixing conspiracy for lithium ion batteries brought a motion for consent certification for settlement purposes and approval of a notice plan.

The plaintiffs reached a settlement with the LG Chem defendants for USD $3.9 million.

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

The plaintiffs in a proposed class action alleging a price-fixing conspiracy regarding packaged bread sought court approval of a third-party litigation funding agreement with Bentham.

The defendants largely did not object, except regarding a clause allowing Bentham to satisfy any security for costs order via an undertaking rather than paying into court.

The court found the funding agreement necessary for access to justice, fair and reasonable to the class, and approved the agreement, including the provision allowing an undertaking for security for costs.

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 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.