Class Action Value
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Catherine Piché
Abstract
This Article attempts to clarify a proposition of certain Canadian authors that while class actions represent a significant part of our court activities, they may not truly be compensating our citizens. I argue that leading up to the present study, we did not know for certain whether a class action was an effective mechanism to compensate class members. Through empirical data collected up by the Class Actions Lab from the past twelve years from cases filed in the province of Quebec, District of Montreal, analyzed through the lens of a collective approach to compensation, I demonstrate that Quebec citizens are in fact being compensated by class actions.
Appendix
Measuring Class Action Value in Monetary Award Cases from the Canadian Province of Quebec (years 2004-2016)
| Settlement or Judgement | Take-up Rate | Total Award Paid by the Defendant | Administration Fees | Attorney Fees | Leftover/Cy-près (Indirect Comp.) |
|---|---|---|---|---|---|
| J | 80% | $1,580,000 | $71,000 | $501,000 | $582,000 |
| S | 139% | $1,150,000 | $86,000 | $242,000 | N/A |
| S | 93% | $3,250,000 | $750,000 | N/A | N/A |
| S | 112% | $1,028,020 | $12,465 | $257,000 | $70,525 |
| S | 45% | $13,490,000 | $1,098,000 | $3,000,000 | N/A |
| S | 84% | $83,885 | N/A | N/A | N/A |
| S | N/A | $375,000 | $6,077 | $93,750 | N/A |
| S | 67% | $4,146,670 | N/A | $351,000 | N/A |
| S | 35% | $2,880 | N/A | $320 | $1,800 |
| S | 149% | $29,526,000 | $171,275 | $472,133 | $833 |
| S | 68% | $6,000,000 | N/A | N/A | N/A |
| S | 91% | $74,918 | N/A | $25,000 | N/A |
| S | 58% | $500,000 | $141,386 | N/A | $35,000 |
| S | 1% | $109,620 | $38,924 | $31,721 | $19,108 |
| S | 98% | N/A | $900 | $25,000 | N/A |
| S | 4% | $83,606 | N/A | $80,423 | N/A |
| S | 86% | $10,181,297 | $281,059 | $331,769 | N/A |
| J | 76% | $568,824 | N/A | $394,524 | N/A |
| S | 98% | $55,000,000 | N/A | $11,622,587 | $362,550 |
| S | 100% | $80,650 | $4,468 | $55,128 | N/A |
| J | 41,5% | $4,397,316 | $212,422 | $1,467,775 | $824,531 |
| S | 26% | N/A | $1,400,000 | N/A | N/A |
| S | 31% | $977,000 | $55,078 | $309,018 | $311,210 |
| S | 80% | $27,000,000 | $3,941,155 | $3,289,175 | N/A |
| S | 0% | $550,000 | N/A | $189,709 | $180,146 |
| S | 73% | $280,000 | $2,000 | $205,894 | $19,567 |
| S | 54% | $5,000,000 | N/A | $1,300,000 | N/A |
| J | 72% | $2,416,000 | N/A | $700,603 | $9,377 |
| J | 71% | $359,527 | N/A | $123,711 | $22,679 |
| S | 44% | $4,397,316 | $219,671 | $25,065 | $824,531 |
| S | 4% | $225,000 | N/A | $80,000 | N/A |
| S | 26% | $302,500 | $20,000 | $83,125 | N/A |
| S | 16% | $350,000 | N/A | N/A | N/A |
| S | 70% | $7,803,824 | N/A | $2,500,000 | $1,068,988 |
| S | 73% | $6,100,000 | N/A | $1,100,000 | $3,588,093 |
| S | 1% | $109,620 | $38,924 | $31,721 | $38,219 |
| J | 2% | $6,281 | N/A | N/A | N/A |
| S | 9% | $373,324 | $500 | $350,000 | $25,000 |
| S | 16% | $1,000,000 | N/A | $223,970 | N/A |
| S | 1% | $4,200,000 | N/A | $2,750,000 | N/A |
| S | 73% | $280,000 | $2,000 | $205,894 | $9,784 |
| S | 93% | $3,570,488 | $377,655 | $149,651 | |
| S | 54% | $4,960,175 | $185,000 | $1,261,316 | $364,964 |
| S | 23% | N/A | N/A | N/A | N/A |
| S | 11% | N/A | N/A | N/A | N/A |
| J | 195.5% | N/A | N/A | N/A | N/A |
| S | 0% | $272,000 | N/A | $90,000 | N/A |
| S | 34% | $43,452,502 | $1,130,354 | $9,612,323 | $32,371 |
| S | 0% | $8,750,000 | $283,696 | $366,773 | N/A |
| S | 73% | $6,057,171 | $1,000,000 | $1,424,372 | N/A |
| S | 98% | $793,775 | N/A | $427,384 | $16,527 |
| J | 12% | $13,526,967 | $854,993 | $3,555,685 | $7,228,120 |
| S | 1% | $250,000 | N/A | $95,000 | $492 |
| S | 75% | $113,885 | N/A | $30,000 | N/A |
| S | 20% | $60,000 | N/A | $13,671 | $32,089 |
| Average | 54,76% | $5,503,321 | $444,717 | $1,103,849 | $608,391 |
Total number of case files analyzed: more than 450 class action files. Total number of relevant files for chart 1 purposes: 55 class action files where a monetary award was paid to class members and a take-up rate can be calculated.
© 2018 by Theoretical Inquiries in Law
Articles in the same Issue
- Frontmatter
- Introduction
- Keynote Address
- The American Class Action: From Birth to Maturity
- Publicly Funded Objectors
- Tiered Certification
- Can and Should the New Third-Party Litigation Financing Come to Class Actions?
- The Global Class Action and Its Alternatives
- Class Actions in the United States and Israel: A Comparative Approach
- Regulation Through Litigation — Collective Redress in Need of a New Balance Between Individual Rights and Regulatory Objectives in Europe
- Towards Collaborative Governance of European Remedial and Procedural Law?
- Class Action Value
- When Pragmatism Leads to Unintended Consequences: A Critique of Australia’s Unique Closed Class Regime
- Rethinking the Relationship Between Public Regulation and Private Litigation: Evidence from Securities Class Action in China
- The Regime Politics Origins of Class Action Regulation
Articles in the same Issue
- Frontmatter
- Introduction
- Keynote Address
- The American Class Action: From Birth to Maturity
- Publicly Funded Objectors
- Tiered Certification
- Can and Should the New Third-Party Litigation Financing Come to Class Actions?
- The Global Class Action and Its Alternatives
- Class Actions in the United States and Israel: A Comparative Approach
- Regulation Through Litigation — Collective Redress in Need of a New Balance Between Individual Rights and Regulatory Objectives in Europe
- Towards Collaborative Governance of European Remedial and Procedural Law?
- Class Action Value
- When Pragmatism Leads to Unintended Consequences: A Critique of Australia’s Unique Closed Class Regime
- Rethinking the Relationship Between Public Regulation and Private Litigation: Evidence from Securities Class Action in China
- The Regime Politics Origins of Class Action Regulation
