Access to a Just Result: Revisiting Settlement Standards and Cy Pres Distributions

Kalajdzic, Jasminka

doi:10.2139/ssrn.1630513

Cited by 2 publications

(1 citation statement)

References 7 publications

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“… 4. Leslie v Agnico-Eagle Mines , 2016 ONSC 532 at [3]–[5] (footnotes omitted). See also Kidd v Canada Life Assurance Co. [2013] OJ No 1468 at [118] and [121]; Cooper, (2001: 240); Hensler et al (2000: 89–90); Kalajdzic (2010: 227–229); Koniak and Cohen (1996:1104); Macey and Miller (1991: 46); Morabito (1995: 246–250); Pettway v American Cast Iron Pipe Company , 576 F2d 1157 at 1169 (5th Cir 1978); Chopik v Mitsubishi Paper Mills Ltd [2003] OJ No 192 at [17] (SCJ); Epstein v First Marathon Inc (2002) 41 CPC (4th) 159 at [29] and [32] (OSCJ); Lane v Facebook, Inc , 696 F3d 811 at 829–830 (9th Cir 2012); and Amchem Products, Inc v Windsor , 521 US 591 at 623 (1997). …”

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confidence: 99%

Can class members appeal class action settlements? A study from British Columbia

Morabito

2016

Common Law World Review

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It is widely recognized that the review of settlement agreements executed by the formal parties to class action litigation—the representative plaintiff and the defendant—represents the most important and challenging task that judges presiding over such litigation face. In order to facilitate this judicial task the views with respect to proposed class action settlements are sought from those persons who will be bound by such compromises despite having had no involvement in the settlement negotiations and in the conduct of the litigation itself: the class members. If the trial court approves the settlement despite the filing of objections to the settlement (or aspects of the settlement) by one or more of the affected class members, can these dissatisfied class members or objectors seek the intervention of an appellate court? This general question has been considered by American appellate courts on numerous occasions. But in Canada this question has been considered only in Quebec and in a somewhat indirect manner, given that it has been held in that province that settlement approval orders are not appealable regardless of whether the appeal is filed by the representative plaintiff or one of the class members. The aim of this article is to explore the major issues that will need to be grappled with when the intervention of Canadian appellate courts will be sought by dissatisfied class members. This study will be undertaken with respect to British Columbia, which has Canada’s third longest-running class action regime.

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confidence: 99%