Date: 20231221 Dockets: T-402-19 T-141-20 T-1120-21 Citation: 2023 FC 1739

The Compensation Decision awarded the maximum remedy the Tribunal could award under the CHRA, with the Tribunal stating: In awarding the maximum amount allowed under our Statute, the Panel recognizes, to the best of its ability and with the tools that it currently has under the CHRA, that this case of racial discrimination is one of the worst possible cases warranting the maximum awards. [...] The Final Settlement Agreement [59] Under the terms of the Final Settlement Agreement, Canada will pay $23,343,940,000 to settle the claims of the Class in the Consolidated Action and the Trout Class Action and to satisfy the Tribunal’s Compensation Decision, which the parties advise is the largest class action settlement in Canadian history. [...] Article 17.01 of the Final Settlement Agreement provides: Canada will pay Class Counsel the amount approved by the Court, plus applicable taxes, in respect of their legal fees and disbursements for the prosecution of the Actions to the date of the Settlement Approval Hearing, together with advice to Class Members regarding the Agreement and Acceptance, over and above the Settlement Funds… [71] The. [...] [108] The determination of the premium should be based on all of the circumstances of the case, including the predominant considerations of the risk undertaken by class counsel and the results achieved, followed by the additional considerations noted above (the time and effort expended by class counsel, the complexity and difficulty of the matter, the degree of responsibility assumed by class coun. [...] [149] With respect to the complexity and difficulty of the matter, Class Counsel asserts that the path to settlement was extraordinarily complex because of the breadth and scope of the class and the need to satisfy the Court, the Tribunal and the parties to the Tribunal proceeding.