Background:

• Plaintiffs accused Global Learning Group Inc. and associated parties of misleading investors via a "Gift Program" alleged to be fraudulent.
• Graham Turner LLP ("Turner") was among those accused, facing claims he knew or should have known of the program's alleged deception and failed to prevent it.

Motions by Plaintiffs:

1. Settlement Approval:

   • Requested approval for a $200,000 settlement with Turner, conditional on his disclosure of assets valued under $500,000 and his agreement to testify at trial.
   • Turner entered a Pierringer agreement, limiting the liability of non-settling defendants for his share of fault.

2. Legal Fees and Fund Allocation:

   • Sought approval for Class Counsel’s fees of $67,800 (including taxes) and a 10% levy for the Class Proceedings Fund (CPF).
   • Proposed remaining funds be held in trust to cover ongoing litigation costs.

3. Removal of Plaintiff:

   • Requested removal of plaintiff Emily Flammini as a representative, citing her fading memory and anxiety about further testimony.

Court's Decision:

• Settlement Approved: Court found the settlement reasonable, citing limited potential recovery and Turner's cooperation.
• Fee Approval: Court upheld the fee structure and CPF levy as reasonable, noting Class Counsel's significant time and resources spent.
• Notice Plan: Direct and indirect notice approved, with emphasis on cost-effective email communication.
• Plaintiff Removal: Approved Flammini’s removal; remaining plaintiffs deemed sufficient.

Rationale:

• The court viewed the settlement as beneficial due to risks in further litigation and limitations on Turner’s available assets.
• The agreement's terms aligned with prior approved settlements and facilitated ongoing litigation funding for claims against other defendants.