Fee Agreements and Fee Appr Oval in Ontario Class Proceedings

• Author: Kirk M. Baert and Jonathan Bida
• Pages: 355-380

355

Abstract: The paper discusse s several issues surrounding fee

approvals including t he methods for calculating fees, t he fac-

tors courts consider, the nature of risks in class proceedings,

and conf‌identiality. The paper presents two ideas for the read-

er’s consideration. First, courts have underemphasized the

terms of the retainer agreement with the representative plain-

tiff in setting class counsel fees. These agreements should play

a more central role. Second, there is too great a focus in fee

approval hearings on reconciling the fees counsel receives by

percentage recovery and through the use of a multiplier. The

different approaches to calculating counsel fees are a factor in

assessing the reasonableness of fees, but courts should avoid

allowing reconciliation to dominate the analysis.

fee agReements and fee

appRoval in ontaRio Cl ass

pRoCeedings

Kirk M. Baert and Jonathan Bida

CCAR Vol 6 No 2.indb 355 23/12/2010 1:03:49 PM

CCAR Vol 6 No 2.indb 356 23/12/2010 1:03:49 PM