What are the factors for awarding an honorarium to a plaintiff in a personal injury action?

Ontario, Canada


The following excerpt is from Austin v Bell Canada, 2021 ONSC 5068 (CanLII):

In Brazeau v. Attorney General (Canada), 2019 ONSC 4721, at para 32, Perell J. summarized the factors to be considered in approving an honorarium payment to a representative Plaintiff: Compensation to the representative plaintiff should not be routine, and an honorarium should be awarded only in exceptional cases. In determining whether the circumstances are exceptional, the court may consider among other things: (a) active involvement in the initiation of the litigation and retainer of counsel; (b) exposure to a real risk of costs; (c) significant personal hardship or inconvenience in connection with the prosecution of the litigation; (d) time spent and activities undertaken in advancing the litigation; (e) communication and interaction with other Class Members; and (f) participation at various stages in the litigation, including discovery, settlement negotiations and trial.

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