67) An accurate understanding of the interaction between granting honorarium applications and adequate representation by the representative plaintiff requires an appreciation of the importance of this certification requirement and the practical dynamics of class action litigation.
74) Justice Rady observed that "a modest honorarium is entirely appropriate if for no other reason but to encourage plaintiffs to be involved in the litigation in a meaningful rather than notional way".
Justice Perell of the Ontario Superior Court of Justice recently wrote that "[t]he honorarium is .
To better understand the use of honorarium payments in Ontario, a comparative study between Ontario and other jurisdictions is in order.
This research led to the identification of 126 applications for honorarium awards filed by representative plaintiffs in 64 Ontario class actions between January 1996 and December 2013.
Given the less restrictive judicial approach implemented in British Columbia, the higher frequency of honorarium applications is not surprising, although greater disparity in these percentages would have been expected.
What is more surprising is that honorarium applications have been more frequent in Ontario and British Columbia than in the Federal Court of Australia.
In terms of success, honorarium payments were authorized for at least one representative plaintiff in 32 of these 149 Ontario class actions settled during the Branch period.
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.