Guide outfitters who sued British Columbia NDP government for compensation after the 2017 ban on grizzly bear hunting will share a $3.7-million settlement.
Guide outfitters who relied on the hunt for revenue accused the government of negligent misrepresentation and misfeasance in public office. A June 15 B.C. Supreme Court ruling, published July 21, said the deputy attorney general approved the settlement reached March 13.
Under the settlement, the $3.7 million will be divided among the 69 class members in exchange for a full release of claims and dismissal of the class action, with prejudice and without costs.
“I find that the settlement agreement and the payment of $3.7 million, in light of there being approximately 69 class members, is well within the zone of reasonableness,” Justice Elizabeth McDonald ruled. “If not for the settlement, each class member would be required to demonstrate at the individual issues stage that they personally relied on the defendant’s alleged representations, with significant expense and considerable extra time being required.”
McDonald said that, had the dispute proceeded to individual trials, additional issues would have arisen, including the impact of the COVID-19 pandemic and the duty to mitigate damages.
Class members were notified after an April 22 court order that gave them a month to object. Only one person, identified by the initials B.D., objected, arguing his actual loss was $180,000. He did not appear in court to present his objection.
“The settlement amount represents a compromise by the parties based on a variety of factors,” McDonald said.
Lead plaintiff Ronald Gordon Fleming approved the agreement on behalf of his Hazelton, B.C.-based company, Love Bros. and Lee Ltd. McDonald noted that Fleming did not seek compensation for acting as representative plaintiff.
“Mr. Fleming does not seek an honorarium for his efforts as a representative plaintiff, and he regards his efforts as a matter of service on behalf of the guide outfitting industry.”
The settlement funds were to be paid into trust with class counsel within 30 days, followed by an application for approval of their administration and distribution based on each class member’s 2017 grizzly hunting quota.
McDonald said the settlement was a better offer than the compensation available when the hunt was banned and about 30 per cent higher than the government’s transition fund. It also allows class members to spend the money as they choose.
“Using a formula described in the notice of application, at this point this would result in a payment of approximately $20,422 per quota, less administration costs, subject to actual class members who apply and their actual quotas,” the judge said.
Weeks after John Horgan’s NDP formed government in July 2017, it announced trophy hunting of grizzly bears would end Nov. 30, 2017.
After a public consultation, Forests, Lands, Natural Resource Operations and Rural Development Minister Doug Donaldson and Environment and Climate Change Strategy Minister George Heyman jointly announced in December 2017 that the grizzly bear hunt would end throughout the province.
