What factors will be considered in determining a settlement in a class action?
British Columbia, Canada
The following excerpt is from Pro-Sys Consultants Ltd. v. Infineon Technologies AG, 2012 BCSC 915 (CanLII):
Factors to consider in this regard were identified in Jeffery v. Nortel Networks, 2007 BCSC 69 [Jeffery], and were distilled at para. 28 into four broad questions for consideration by Groberman J. (as he then was). They are: 1. Has counsel of sufficient experience and ability undertaken sufficient investigations? 2. Is the settlement the product of a reasonable negotiating process without collusion or extraneous considerations tainting the negotiations? 3. Does the settlement reflect an appropriate balancing of the costs and benefits of settlement or would the plaintiffs be better served by continuing in the litigation? 4. Has sufficient information been provided to the members of the class represented by the representative plaintiff, and, if so, are they generally favourably disposed to the settlement?
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