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Class Action Updates

August 26, 2020

The British Columbia ODD class action has been certified for settlement purposes as against the TSST Defendants.  

August 13, 2020

Settlements: The Alpha, Continental, Espar, JTEKT, Koito, Maruyasu, Meritor, NTN, Tenneco, Tokai Rika, Toyo Tire, Toyoda Gosei, and Yamashita settlements are subject to court approval…

June 26, 2020

The New Settlements were approved by courts in British Columbia, Alberta, Saskatchewan, Ontario and Quebec. The Court’s decisions approving the settlements can be found in…

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INFORMATION FOR LAWYERS LOOKING FOR LEGAL EXPERTISE IN BC AND CANADA

7. How did you calculate the settlement amount?

We did not calculate the settlement amount. It is the result of negotiation. Negotiation is more of an art than a science, and settling is about trading risk for certainty.

If we had gone to trial, we might have obtained more money. But we might also have obtained less, or nothing at all. That is the “risk” of going to trial. In addition, going to trial is expensive in both lawyers’ time and in money (expert fees and other out of pocket expenses).

A settlement is much more certain – the amount is set. We lose the opportunity to get more, but we also no longer have the possibility of getting less or nothing at all.

We start out by calculating what we think we would win after trial if we won absolutely every argument. This is our best case scenario.

Then we think about how likely we are to get that amount, and what amounts are more likely.

Then we negotiate back and forth with the defendants.

In the end, we try to get to a number that is within the range of reasonable outcomes at trial. That is where we consider this settlement amount to be.

 

Posted in: Questions about the Settlement Agreement, Teck/Cominco Class Action FAQs

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