2 total
Appeal dismissed; Air Canada pilots did not commit unlawful act conspiracy by resisting merged seniority list.
The appellants, representing regional airline pilots, sued Air Canada pilots for unlawful act conspiracy, alleging they unlawfully prevented the implementation of a merged seniority list.
The trial judge dismissed the claims, finding that some defendants committed no unlawful acts due to their right to dissent, and that the unlawful acts of others did not cause the loss of a chance to implement the list because Air Canada would never have agreed to it.
The Court of Appeal upheld the trial judge's findings, concluding that the rank-and-file members did not breach their union contracts and that the chance of implementing the merged list was de minimis.
Court approves class action fire settlement and class counsel contingency fees.
The representative plaintiff in a certified class action arising from a 2010 apartment building fire brought a motion for approval of a negotiated settlement and approval of class counsel’s fees under the Class Proceedings Act, 1992.
The settlement required the defendants to pay $5.5 million to resolve all claims by class members for property damage, personal injury, displacement, emotional distress, and related losses, together with $1.4 million toward legal fees and disbursements.
The court considered the established criteria for settlement approval in class proceedings, including the likelihood of success, the extent of discovery and investigation, the recommendation of experienced counsel, the absence of meaningful objections, and the arm’s‑length nature of the negotiations.
The court concluded the settlement was fair, reasonable, and in the best interests of the class.
The court also approved class counsel fees totaling $1,150,000 as reasonable given the litigation risks, complexity, and results achieved.
