What factors will be considered when approving a class counsel's fee?
British Columbia, Canada
The following excerpt is from Sawatzky v. Société Chirurgicale Instrumentarium Inc., 1999 CanLII 7022 (BC SC):
The Class Proceedings Act does not stipulate the factors to be considered when approving class counsel's fee. In Harrington v. Dow Corning Corporation Mr. Justice E.R.A. Edwards set out at paragraph 18 the factors which ought to be considered. These include the extent of the legal work done by class counsel, the skill and competence of class counsel, the complexity of the matter, the importance of the matter to the class, the result achieved, the individual claimants' contribution to the fee as a portion of their recoveries, and the fee expectation of the representative plaintiff and others who signed the contingency agreements. I agree.
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