Class Action


Class Action Fees

Class action lawsuits can be costly and risky for a law firm to pursue. Often they are extremely complex in nature due to the legal issues of the case and also by virtue of the logistics in dealing with the sheer number of claimants involved. Costs for carrying the case, such as legal time and expenses (i.e., disbursements), administration, advertising/public awareness, research and expert reports, are all borne by the law firm. Individual claimants are normally not charged anything unless the lawyers are successful in recovering compensation for them.

Legal fees for class actions are generally calculated as a percentage of the amount of compensation recovered, typically 20-30%, plus whatever amount the defending side contributes towards legal fees or expenses.

Charney... is unquestionably qualified to act as counsel.”


            Ison T Auto Sales v. Zurich Insurance [2011]


“The Whiting Group Counsel Team consists of 11 law firms from 7 provinces across Canada and includes some of the most experienced class action firms in Canada with a broad range of experience in class actions with particular expertise in product liability class actions and personal injury. Four of these law firms are in Ontario where the action will be based and includes counsel who are very experienced in class action litigation and have the resources and experience to advance this claim in Ontario or on a national scale. This fact favours the Whiting Group.”

Whiting et al v. Menu Foods Income Fund [2007]

(Charney Lawyers was a member of the Whiting Group and appeared as counsel on the motion to decide carriage)


“The Settlement Agreement in the case at bar has undergone the court's scrutiny, and it appears to me that in entering into the Settlement Agreement and in seeking certification on consent for settlement purposes, the plaintiffs and the defendants, with the assistance of their legal counsel, have provided the social good of access to justice and adequate compensation in accordance with Canadian law for perhaps thousands of citizens who may have been harmed by the Listeriosis outbreak and who decide not to opt-out of the settlement, which remains the individual choice of class members.”

Bilodeau v. Maple Leaf Foods Inc. [2009]

(Charney Lawyers represented Ms. Bilodeau for this class action)


“Although I am not formally required to approve it, I believe it is relevant that, when the risks and expenses of continuing the litigation are considered, the settlement appears to fall well within a zone of reasonableness.”

   Yordanes v The Bank of Nova Scotia, December 2006 (Charney Lawyers were counsel for Yordanes)