What are the factors used to determine whether to accept a settlement in a class action?
British Columbia, Canada
The following excerpt is from Jones v. Zimmer GMBH, 2016 BCSC 1847 (CanLII):
In Jeffery v. Nortel Networks, 2007 BCSC 69 at para. 28, Groberman J. (as he then was) distilled these factors into “four broad questions”: • Has counsel of sufficient experience and ability undertaken sufficient investigations to satisfy the court that the settlement is based on a proper analysis of the claim? • Is there any reason to believe that collusion or extraneous considerations have influenced negotiations such that an inappropriate settlement may have been reached? • On a cost/benefit analysis, are the plaintiffs well-served by accepting the settlement rather than proceeding with the litigation? and • Has sufficient information been provided to the members of the class represented by representative plaintiffs, and, if so, are they generally favourably disposed to the settlement?
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What factors will be considered in determining a settlement in a class action? (British Columbia, Canada)
What are the factors that determine whether a plaintiff would have accepted an offer of settlement before the 2013 trial? (British Columbia, Canada)
What is the test for determining whether a settlement is fair, reasonable and best interests of the settlement class? (British Columbia, Canada)
What is the test for determining whether a motor vehicle accident was a contributory factor in the acceptance of the accepted injury? (British Columbia, Canada)
What are the factors used to determine the diligence factor in determining whether to grant an application in a personal injury case? (British Columbia, Canada)
What are the factors used by the Law Society of BC to determine whether a professional misconduct claim against a lawyer who delayed taking substantive steps to advance his client's action for over four years? (British Columbia, Canada)
What are the relevant factors for determining whether either of two possible jurisdictions would be suitable for the determination of issues raised by the litigation at issue? (British Columbia, Canada)
When an offer is made by a defendant for a pre-trial settlement is reasonably refused, is the fact that the entire action is ultimately dismissed in its entirety a factor in determining double costs? (British Columbia, Canada)
What are the factors that determine whether an offer to settle was open for acceptance? (British Columbia, Canada)
What factors will be considered in determining whether to accept a complaint? (British Columbia, Canada)
