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.
In June 2010, the British Columbia Court of Appeal held that honorarium payments "should be paid as a disbursement consistent with the restitutionary principle that the beneficiaries should pay the compensation to the person who has created their benefit".
The way Ontario trial judges have responded to the Court of Appeal's directive not to authorize the deduction of honorarium payments from class counsel's fees is symbolic of the current state of the law on honorarium payments in Ontario.
The possibility of fee splitting is not the problem generated by the use of class counsel's fees to pay for honorarium awards.
The practical effect of an order that honorarium payments be satisfied from a settlement fund or awarded damages is that these payments are usually made "ahead of the distribution to group members of a sum which has been calculated by reference to the estimated loss and damage suffered by the latter.