Fee Agreements and Fee Appr Oval in Ontario Class Proceedings

AuthorKirk M. Baert and Jonathan Bida
Pages355-380
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

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