What factors must be considered to determine the reasonableness of a settlement?
British Columbia, Canada
The following excerpt is from Wilson v Depuy International Ltd., 2018 BCSC 1192 (CanLII):
Factors to consider when assessing the reasonableness of a settlement are set out in Fakhri v. Alfalfa’s Canada, Inc., 2005 BCSC 1123 at para. 8: 1. the likelihood of recovery, or the likelihood of success; 2. the amount and nature of discovery evidence; 3. settlement terms and conditions; 4. recommendations and experience of counsel; 5. future expense and likely duration of litigation; 6. recommendations of neutral parties, if any; 7. number of objectors and nature of objections; 8. presence of good faith and absence of collusion; 9. degree and nature of communications by counsel and the representative plaintiffs with class members during litigation; 10. information conveying to the court the dynamics of, and the positions taken by the parties during the negotiation.
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