cover image: Date: 20231120 Dockets: T-402-19 T-141-20 T-1120-21 Citation: 2023 FC 1533

20.500.12592/bnzs9vn

Date: 20231120 Dockets: T-402-19 T-141-20 T-1120-21 Citation: 2023 FC 1533

20 Nov 2023

Key provisions of the FSA [32] 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, which the parties advise is the largest class action settlement in Canadian history. [...] Notice to the Class and to Opt-outs [46] The notice plan for the first phase of notice related to certification, opt-out and the settlement approval hearing was approved by the Court on August 11, 2022 and implementation of the notice plan began on August 19, 2022. [...] No Class Member raised any objections with the Administrator in advance of the hearing and no Class Members objected to the settlement at the hearing of the motion. [...] The non- exhaustive list of factors to consider includes: (a) the terms and conditions of the settlement; (b) the likelihood of success/recovery; (c) the amount and nature of pre-trial activities, including investigation, assessment of evidence, production and discovery; (d) the arm’s length bargaining and information regarding dynamics of negotiations; (e) the recommendation of class counsel; (f). [...] 6) Communications with Class Members [71] The evidence before the Court is that the communications with Class Members regarding the Final Settlement Agreement and the hearing of the settlement approval motion has been ongoing, broad in reach and in compliance with the notice plan approved by the Court.

Authors

Chang-Richardson, Ellen

Pages
32
Published in
Canada