Background:
This appeal involves class counsel fees following a class action settlement over unpaid overtime for CIBC employees. Dara Fresco filed the action in 2007 for front-line employees who were not paid overtime from 1993 to 2009. After 15 years of litigation, a $153 million settlement was reached, with $25 million awarded to class counsel in fees.

Key Issues on Appeal:

1. Increase in Fees: The appellant sought to raise class counsel fees from $25 million to $44 million, which would reduce the class’s settlement share to $86 million.
2. Honorarium: The appellant contested the denial of a $30,000 honorarium for Fresco as the representative plaintiff.

Court’s Decision:
The Court of Appeal dismissed the appeal, upholding the original decision.

Reasoning:
The court found no error in the lower court’s decision that the risk and complexity did not justify higher fees. The honorarium was denied as no exceptional circumstances were present. The judge properly balanced fair compensation for counsel and the integrity of the class settlement.

Outcome:

• Successful Party: Canadian Imperial Bank of Commerce (CIBC)
• Total Settlement: $153 million
• Class Counsel Fees: $25 million
• Net Settlement for Class Members: $106 million
• Honorarium: $30,000 request for Dara Fresco denied

The total monetary award to the class, after deductions, remained $106 million.