Susan Ellen Friedman

This decision approves two class action settlements against Furukawa and Fujikura defendants for price-fixing in the automotive wire harness systems (AWHS) industry.

The court certified the class actions for settlement purposes, finding that the requirements of the Class Proceedings Act were met.

The settlements, for $2.3 million (Furukawa) and $1,083,280 (Fujikura), were deemed fair and reasonable and in the best interests of the class, based on detailed affidavit evidence from class counsel.

The court also approved class counsel's legal fees, calculated as a 25% contingency plus disbursements and taxes, consistent with retainer agreements and prior jurisprudence.

In a competition class proceeding alleging price‑fixing in the static random access memory (SRAM) industry, the plaintiff sought court approval of a national settlement reached with certain defendants and approval of interim class counsel fees.

The settlement required the settling defendants to pay $1.5 million for the benefit of settlement class members across Ontario, British Columbia, and Québec, and to provide cooperation in the ongoing litigation against remaining defendants.

The court applied established class action settlement approval principles, assessing fairness, reasonableness, and the best interests of the class.

Finding the settlement well‑investigated, negotiated at arm’s length, and beneficial to class members given the risks of continued litigation, the court approved the settlement and the requested class counsel fees.

The plaintiffs brought a motion to certify two actions as class proceedings for settlement purposes under the Class Proceedings Act, 1992 in relation to alleged price-fixing of DRAM (dynamic random access memory) devices.

The actions alleged breach of Part IV of the Competition Act, civil conspiracy, and tortious interference with economic interests against numerous international semiconductor manufacturers.

Following earlier settlement with one defendant, additional settlements were reached with several defendants totaling substantial monetary payments and cooperation commitments.

The court held that the criteria for certification under s. 5(1) of the Class Proceedings Act, 1992 were satisfied and approved certification for settlement purposes.

The court further determined that no additional opt‑out period was required because class members had already been provided a valid opportunity to opt out during the earlier settlement process.

In a certified class proceeding alleging a price-fixing conspiracy in the market for DRAM (dynamic random access memory) devices contrary to Part IV of the Competition Act and related torts, the representative plaintiffs sought court approval of a negotiated settlement with one defendant.

The settlement required the settling defendant to pay $5.75 million for the benefit of class members in Ontario, British Columbia, and Québec and to provide extensive cooperation in the ongoing litigation against non-settling defendants.

The agreement also included a bar order preventing contribution and indemnity claims against the settling defendant while permitting discovery cooperation and proportional liability determinations at trial.

Applying established class action settlement approval principles, the court concluded the settlement was fair, reasonable, and in the best interests of the class.

The settlement approval order was granted.