What is the test for reasonableness of class counsel’s fees?
British Columbia, Canada
The following excerpt is from Main v. Cadbury Schweppes plc, 2010 BCSC 1302 (CanLII):
In Gariepy v. Shell Oil Co., [2003] O.J. No. 2490 (S.C.J.), at para. 13, the court set out other factors that may be relevant to assessing the reasonableness of class counsel’s fees: (a) the time expended by the solicitor, (b) the legal complexity of the matters to be dealt with, (c) the degree of responsibility assumed by the solicitor, (d) the monetary value of the matters in issue, (e) the importance of the matter to the client, (f) the degree of skill and competence demonstrated by the solicitor, (g) the results achieved, (h) the ability of the client to pay and (i) the client’s expectation as to the amount of the fee.
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