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ARTICLE · 06 AUGUST 2021

Settlement Of A Class Action: Beware Of Disparities In Compensation Between The Representative Plaintiff And Other Class Members

McCarthy Tétrault
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In the recent decision Salazar Pasaje v. BMW Canada Inc., where the Court of Appeal denied leave to appeal, the Quebec Superior Court approved the settlement agreement between the parties...

CanadaLitigation, Mediation & Arbitration
Canadian Class Actions Monitor
Canadian Class Actions Monitor
Andrée-Anne Labbé
Andrée-Anne Labbé
Samuel Lepage
Samuel Lepage
Gong Ming Zheng
Gong Ming Zheng
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In the recent decision Salazar Pasaje v. BMW Canada Inc., where the Court of Appeal denied leave to appeal1, the Quebec Superior Court approved the settlement agreement between the parties, with the exception of the portion of the settlement relating to the individual claim of the plaintiff-class representative, which provided for the payment of an amount nearly 10 times greater than that to which the other class members were entitled.
 

Summary of Facts

In 2018, the Plaintiff filed a class action on behalf of owners and lessees of BMW vehicles against Defendant BMW Canada Inc. based on alleged safety defects in vehicles that were subject to recalls in 2017. The parties agreed to a settlement.

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