Ontario Civil


Fees of $811,563 fair and reasonable

Plaintiff brought motion for approval of settlement of class action on behalf of residents of Canada who were prescribed drug. Class counsel sought approval of fee. Settlement was approved. Proposed settlement was accepted by all class members. Settlement process was fair. Settlement came with recommendation of experienced counsel. Settlement was fair and reasonable. There was no opt out from class action. There was detailed work-up of each class member’s claim. Every class member agreed to class member’s proposed share of settlement and of fee of class counsel. There was no objection. Settlement was in best interests of class. Retainer agreement between class counsel and representative plaintiff was approved. Fees and disbursements of $811,563 inclusive of taxes were fair and reasonable and were approved. Fees and disbursements were to be paid out of settlement moneys. Time of class counsel was reasonably spent and disbursements were reasonably incurred. Class action was certified for purposes of settlement.

Banerjee v. Shire Biochem Inc.

(Dec. 21, 2011, Ont. S.C.J., Strathy J., File No. 05-CV-293457 CP) 210 A.C.W.S. (3d) 616 (6 pp.).

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