Is there any case law where a plaintiff has been successful in a cy près distribution case?

Ontario, Canada


The following excerpt is from Slark v Ontario, 2017 ONSC 4178 (CanLII):

In Sorenson v. Easyhome Ltd., supra, at para. 30, I stated: 30. Cy près relief should attempt to serve the objectives of the particular case and the interests of the class members. It should not be forgotten that the class action was brought on behalf of the class members and a cy près distribution is meant to be an indirect benefit for the class members and an approximation of remedial compensation for them. However well meaning, the prospect of a cy près distribution should not be used by Class Counsel, defence counsel, the defendant, or a judge as an opportunity to benefit charities with which they may be associated or which they may favour. To maintain the integrity of the class action regime, the indirect benefits of the class action should be exclusively for the class members.

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