What is the test for reasonableness of class counsel fees?

Ontario, Canada


The following excerpt is from Shippelt v. General Motors of Canada Company, 2019 ONSC 4773 (CanLII):

In determining the reasonableness of class counsel fees, courts have traditionally considered the following factors: a. the factual and legal complexities of the matters dealt with; b. the risk undertaken, including the risk that the matter might not be certified; c. the degree of responsibility assumed by class counsel; d. the monetary value of the matters in issue; e. the importance of the matter to the class; f. the degree of skill and competence demonstrated by class counsel; g. the results achieved; h. the ability of the class to pay; i. the expectations of the class as to the amount of fees; and j. the opportunity cost to class counsel in the expenditure of time in pursuit of the litigation and settlement. (See Osmun, para. 23; Abdulrahim v. Air France, 2011 ONSC 512 at para. 8.)

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