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Class Action Updates

November 23, 2020

Claims process for settlement funds – make a claim now. If you are a Canadian resident as of May 25, 2016 who, between December 23,…

September 25, 2020

CFM is co-counsel in the recent proposed class action lawsuit filed in Vancouver against Google, its parent company and its subsidiaries, on behalf of Canadian…

August 26, 2020

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

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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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