The plaintiffs in a class action sought court approval for retainer agreements, payment of disbursements, a cy-près distribution of remaining settlement funds to the Breakfast Club of Canada, and the discontinuance of the Ontario action without costs.
This motion followed a Supreme Court of Canada decision in a parallel BC action that denied certification for both indirect and direct purchaser classes, significantly diminishing the prospects of success for the Ontario action.
The court approved all requested relief, finding the retainer agreements fair, the disbursements reasonable, the cy-près distribution appropriate given the small remaining funds and rational connection to the class, and the discontinuance justified due to the remote chances of success and lack of prejudice to class members.
