Excellent Results for Class Members
“Klein Lawyers has continuously posted updates about the case on its website during the litigation, and has posted the court decisions so that class members could follow the progress of the case. Klein Lawyers has also designated staff to manage member communication. Lawyers in the firm of class counsel have regularly attended a support group of former Woodlands residents called “We Survived Woodlands” and have worked with non-profit groups charged with advocating on behalf of the rights of the disabled, including the British Columbia Coalition of People with Disabilities. To date, there have been no written objections received from class members concerning the settlement.”
“There is little doubt that the lawyers of the firm expended a great deal of time in prosecuting the action, in negotiating a settlement, and in keeping Class Members apprised of the developments in the litigation including the settlement negotiations.”
“…Class counsel undertook an extensive communication plan to advise potential class members of the proposed settlement and to advise them of the date of the settlement approval hearing. The right of class members to object to the settlement and the right to opt out were also detailed in the communication”
Professionalism, Reputability, and Facilitating Class
Proceedings Policy Objectives
“British Columbia class counsel took on this case on a contingency basis, and faced a real risk of not being paid at all for their services. It is well recognized that when counsel assume a significant risk of not being paid, they are entitled to fees that exceed what would otherwise be reasonable when they succeed. The real risk of failure, with personal consequences to counsel cannot be ignored.”
“The litigation risks assumed by Class counsel here were substantial. The fact that no other Canadian law firms filed parallel actions indicated that this matter was seen by other lawyers as being highly complex and unlikely to succeed. Furthermore, Class counsel pursued this litigation to completion on their own rather than with a consortium of counsel from various provinces.”
Skill, Diligence, and Experience of Counsel
“The negotiations were conducted by plaintiffs’ counsel with experience in class proceedings.”
“I am satisfied it is apparent from the material, which is complicated, and, I might say very well organized, that it is evidence of the difficulty of the work and the skill and competence of counsel.”
“Plaintiff’s counsel are senior members of the bar who have extensive experience in personal injury litigation and class actions…Plaintiff’s counsel were aggressive in the prosecution of the action….I agree with Mr. Klein that this represents a very timely resolution of the litigation.”
“Mr. Klein is experienced and able in relation to class proceedings. Over time he has acquired expertise that permits him to make a valuable contribution to the advancement and resolution of class actions.”
“The lead class counsel is experienced and has been recognized by the courts in approving settlements in other class actions. As well, the material in this case was complex and well organized, and is indicative of both the difficulty of the work and skill of counsel”
“Counsel for the plaintiffs in the various jurisdictions appear to be experienced in class proceedings, and to be recognized as skilled litigators. Certainly that is the case with the plaintiffs’ British Columbia counsel.”
“…Plaintiff’s counsel retained the British Columbia law firm of Klein Lawyers to assist in the litigation. That firm has extensive experience with class action lawsuits throughout the country and has been recognized by courts in approving settlements in other class actions.”
“Klein Lawyers is a litigation firm focusing on class actions. The firm is based in Vancouver but also has a Toronto office. It is one of the pioneers and veterans of class action litigation in Canada.”
“The proposed Class Counsel have excellent qualifications…”
“Mr. Klein of Klein Lawyers has over 20 years of experience in the field of class action litigation and has appeared as plaintiffs’ counsel in over 25 certified class actions in six provinces. He has written and presented extensively on the topic and has a particular interest in medical products litigation.”
“Class counsel, Klein Lawyers LLP and Kim Orr Barristers P.C., are highly experienced in class action litigation. Both firms have practiced in the specialized area of class action litigation for over 20 years”
