Susan E. Friedman

In a national class action alleging price fixing in the Static Random Access Memory (SRAM) market, the representative plaintiff sought approval of multiple settlement agreements with several defendant manufacturers under the Class Proceedings Act, 1992.

The proposed settlements totalled $3,050,000 and followed earlier settlements with other defendants.

The court considered whether the agreements were fair, reasonable, and in the best interests of the class, and reviewed the proposed distribution protocol, administration protocol, claims administrator appointment, class counsel fees, and representative plaintiff honorarium.

The court approved the settlements, associated distribution and administration plans, class counsel fees and disbursements, and dismissed the remaining claim against the final defendant.

The court accepted the settlements as falling within the zone of reasonableness and consistent with the interests of the class.

In a securities class action arising from the collapse of a forestry company, the plaintiffs sought approximately $2.6 million in costs following certification and leave motions brought under the Class Proceedings Act, 1992 and the Securities Act.

Several defendants argued that costs should not be awarded because the plaintiffs had already recovered legal expenses through settlements with other defendants and because the claimed costs were excessive.

The court held that the plaintiffs were largely successful but not entirely successful due to an unresolved assignment issue affecting certain class members.

The court also ruled that disbursements could not be recovered again because they had already been indemnified through settlements.

Exercising its discretion, the court ordered a hybrid costs award: part payable immediately and part payable in the cause.