Oberski v. General Motors LLC
EDWARD OBERSKI
Law Firm / Organization
Rochon Genova LLP
AMANDA OBERSKI
Law Firm / Organization
Rochon Genova LLP
STACEY GREEN
Law Firm / Organization
Rochon Genova LLP
GENERAL MOTORS LLC
Law Firm / Organization
Bennett Jones LLP
GENERAL MOTORS OF CANADA LIMITED (now known as GENERAL MOTORS OF CANADA COMPANY)
Law Firm / Organization
Bennett Jones LLP

Key Points

  • Class Action: Alleged defects in GM ignition switches (1997-2014) causing loss of power steering, brakes, and airbags. Plaintiffs claimed GM knew of defects from 2002 but recalled only in 2014.
  • Settlement: GM to pay $12 million to settle claims and $4,397,500 for plaintiffs' counsel fees.

Court's Decision

  • Approval: Settlement and counsel fees approved.
  • Considerations:
    • High litigation risks and challenges
    • Likelihood of recovery and trial success
    • Extensive discovery and investigation
    • Comparable US settlements
    • Arms-length bargaining and experienced counsel recommendations
    • Minimal objections from class members

Settlement Details

  • Class Certification: Certified for settlement purposes, defining National and Quebec Settlement Classes.
  • Compensation: Varies by defect type and recall, with specific multipliers for subclasses.
  • Counsel Fees: $4,397,500 (~19.26% contingency fee), deemed reasonable due to case complexities and counsel efforts.

Additional Information

  • Parallel Actions: Related actions filed across Canada and in the US, with significant settlements achieved there.
  • Administrative Expenses: Estimated $1,487,087 to $2,066,209 based on a 5-15% take-up rate.

Conclusion

The settlement agreement and counsel fees are fair and reasonable, offering expedited resolution and relief for class members without prolonged litigation uncertainties.

Summary

The plaintiffs were successful in reaching a settlement agreement with General Motors. The total monetary award granted includes a $12 million settlement fund for class members and $4,397,500 in counsel fees, making the overall total $16,397,500.

Superior Court of Justice - Ontario
CV-14-502023-00CP
Class actions
$ 16,397,500
Plaintiff