What factors are considered to improve settlement in a class proceeding?
British Columbia, Canada
The following excerpt is from Ewert v Denso Corp., 2017 BCSC 2412 (CanLII):
A number of factors were identified by Mr. Justice Groberman, as he then was, in Jeffery v. Nortel Networks, 2007 BCSC 69, as being important considerations in improving a class proceeding settlement as follows, at para. 18: 1. Likelihood of recovery or likelihood of success; 2. Amount and nature of discovery, evidence or investigation; 3. Settlement terms and conditions; 4. Recommendations and experience of counsel; 5. Future expense and likely duration of litigation; 6. Recommendations of neutral parties, if any; 7. Number of objectors and nature of objections; and 8. The presence of arms-length bargaining and the absence of collusion.
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