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ARTICLE · 23 MARCH 2021

Settlement Approval: Cy-Près Settlement Gets Different Reception In BC And Ontario

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Can a settlement be approved even if the plaintiffs receive nothing? Recent class action decisions from the British Columbia Supreme Court and the Ontario Superior Court confirm it can.

CanadaLitigation, Mediation & Arbitration

Can a settlement be approved even if the plaintiffs receive nothing? Recent class action decisions from the British Columbia Supreme Court and the Ontario Superior Court confirm it can. In Emond v Google LLC, 2021 ONSC 302 ("Emond"), Justice Morgan framed the issue as follows:

This motion raises an important question of policy for class actions: what is a court to make of a settlement that results in payment to class counsel and to a cy-près recipient, but absolutely nothing in compensation to the supposedly injured members of the class?1

The parallel privacy class action claims in Emond and Chartrand v Google LLC, 2021 BCSC 7 ("Chartrand") are important for the following three reasons:

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