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Trudel & Johnston, S.E.N.C. & al. v. Corporation Nortel Networks & al., Court of Appeal, April 6,2011, Focus on Class Actions - April 2011
Author(s): Nahmiash, Laurent
Date: April 8 2011

On April 6th, 2011, the Québec Court of Appeal (the "Court") dismissed the appeal of Trudel & Johnston GP and al. v Nortel Networks Corporation and al. and affirmed the decision of the Superior Court rendered by Judge Michèle Monast of the Superior Court on May 28, 2009.

Justice Monast had substantially reduced the amount of legal fees sought by the Appellants Trudel & Johnston following the settlement of the Nortel II class action. Class Counsel appealed this decision on the following grounds: the trial judge erred in applying the rules of law specific to the approval of legal fees in the context of class actions; the judge also erred in excluding the affidavit of Me Trudel with respect to the hours worked by the Appellants in this matter; and the judge did not exercise her judicial discretion in a reasonable manner.