The data from British Columbia, Australia and the US clearly shows that adopting a generous approach towards the entitlement of representative plaintiffs to honorarium payments does not result in such requests being filed in most settled class actions.
Data collected with respect to honorarium applications filed in British Columbia is presented in the same manner in Table 2.
In addition to the increasing frequency of honorarium applications over time, what is interesting about the data in Table 1 is the increasing percentage of applicants who received something.
The amounts requested in this case are, however, small and I view them as constituting a token honorarium rather than as quantum meruit compensation for the considerable time and effort Mr Currie has devoted to advancing the claims of the class in the litigation.
Approximately 73% of these representative plaintiffs received what they requested, 8% came away with less than what they had requested, and 19% received no honorarium payment at all.
This is the frequency of both unreported honorarium awards (106) and unexplained honorarium awards.
The term "unexplained honorarium awards" refers to published judgments that reveal the authorization of additional compensation to one of the representative plaintiffs but not the reasons that prompted the authorization.
There are three examples of non-token honorarium awards in Ontario where, judged purely from the description provided by the court, the representative plaintiffs in question did not appear to have provided service to the class that may objectively be characterised as extraordinary.
More importantly, the documents filed in both cases in support of the honorarium applications were very similar and demonstrated that there were no differences in the role played by Ms.
(116) However, in several post-Tesluk Ontario class actions, honorarium payments were authorized in precisely those circumstances.
This judicial reliance in granting honorarium payments on the fact that the money will come from the class counsel's fees has not been limited to Garland.
(123) The data from British Columbia concerning honorarium payments revealed that 65% of the recipients of these payments were paid from the settlement funds, (124) 26% of the representative plaintiffs received their awards from class counsel's fees, (125) and the remaining additional payments were made by the defendants.