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ARTICLE · 25 NOVEMBER 2021

Federal Court Costs Awards Rare In Class Actions

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The Federal Court of Appeal recently considered the question of the legal costs to be awarded to the Plaintiff upon settlement of a class action.

CanadaLitigation, Mediation & Arbitration
Ricki T. Johnston
Ricki T. Johnston
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The Federal Court of Appeal ("FCA") recently considered the question of the legal costs to be awarded to the Plaintiff upon settlement of a class action. In Wenham v. AGC 2021 FCA 208, despite arguments by class counsel for an approach to costs more generous to the plaintiffs in class actions, in their decision, they held to the general approach in the Federal Court of treating a costs award as an exceptional remedy.  The Class Action in this case was brought on behalf of individuals whose claims for support from Canada's Thalidomide Survivors Contribution Program ("TSCP") had been rejected.  In addition to the Class Action, the Defendant, the Attorney General of Canada ("AGC") was also involved in a political and policy based process to try to resolve the issues of the scope of support to be offered by TSCP.

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