Apache Canada Ltd. Class Action

• May 30, 2024

  We have been advised that the Claims Administrator has mailed out compensation payments to eligible Class members.  Class members should expect to receive those payments shortly.

• February 2, 2024

  This is a reminder that the claims process in this settlement is now open and class members can submit claims for compensation.   

  The Initial Claims Deadline is February 27, 2024. We strongly encourage all class members to submit their claims before then.

  More information can be found in the attached notice, at www.mnp.ca/apachesettlement, or by contacting the Claims Administrator at 1-855-799-3460 or apachesettlement@mnp.ca

• December 4, 2023

  Notice of the Settlement Approval Order is now available and can be found in the Documents section.

• October 27, 2023

  We are pleased to report that the Alberta Court of King’s Bench has approved the Settlement Agreement between the Plaintiffs and the Defendants in this proceeding. A copy of the Settlement Approval Order can be found here.

  Formal notice of the settlement approval will be issued in due course. The notice will provide further information about the claims process and important deadlines. For further information, please visit: www.mnp.ca/apachesettlement.

• September 6, 2023

  Class Counsel and the Administrator have received inquiries from class members about what they can expect to recover from the Settlement.  Given that compensation available to individual class members from the Settlement Fund will be distributed on a pro-rata basis based on the total number of restricted share units and performance awards (“Units”) for the Class as a whole and the number of class members who make claims in the process, a definitive assessment for each class member is not possible at this time.

  However, based on the information provided and assuming the Units could be valued based on the Apache Corporation share price on August 18, 2017, the potential value of all Units could have been USD $16.5m.  In addition, we can estimate that the USD $7m Settlement Fund provides for USD $17.05 per Unit, not including deductions for legal fees, administration costs etc.  We estimate that there will be approximately USD $11.24 available per unit on a net basis after deduction of legal fees, administration costs, etc.  Any recovery pursuant to this class action is also subject to tax.

  Given the risks of proceeding to trial given the language of the Apache Omnibus Compensation Plan and the various grant agreements and the delays associated with proceeding trial (including appeals),  the Plaintiffs and Class Counsel believe the proposed Settlement is fair, reasonable and in the best interests of the Class as a whole.

  Should you have any questions in this regard, please contact us at apacheclassaction@kmlaw.ca

• September 5, 2023

  A proposed settlement has been reached with the Defendants.  The proposed settlement provides a fund of USD $7m (less approved legal fees, costs and expenses) for compensating class members.

  The proposed settlement must be approved by the Court in order to be enforceable.  There will be a court hearing on October 24, 2023 in Calgary for the Court to assess whether the settlement and fee request should be approved.

  The deadline to opt out of the class action is October 6, 2023.  The deadline to object to the proposed settlement is October 19, 2023.

  More information about the proposed settlement, the certification of this action and class members rights in this proceeding can be found in this notice or at the Administrator’s website:  www.mnp.ca/apachesettlement.

• November 22, 2022

  The Alberta Court of Appeal has released its decision on the Appeal of the Certification of the lower Court. The Alberta Court of Appeal upheld the lower court’s decision to certify the action. A copy of the decision can be found in the Documents section. Further information on next steps will be posted on the website in due course.

• November 7, 2022

  The Defendants’ appeal of the Certification Order was heard by the Alberta Court of Appeal on November 1, 2022. Upon conclusion of the hearing, the Court reserved its judgment (i.e., the Court did not issue a decision immediately on the bench). A copy of the Court of Appeal’s decision will be posted on Class Counsel’s website when it is available.

• October 27, 2022

  The appeal of the certification order will be heard on November 1, 2022 at 10 a.m. MDT . The virtual hearing can be accessed through the link here.

• April 12, 2022

  The Defendants’ Appeal of the Certification Decision will be heard via video-conference on November 1, 2022 at 10:00 a.m. The link to attend the hearing will be shared on this page closer to the date of the hearing.

• April 8, 2022

  The Plaintiffs have filed their responding facta in response to the Defendants’ Appeal of the Certification Decision. A copy of the Plaintiffs’ facta can be found in the Documents section of this page. The hearing date for the Appeal will be posted on this page once it is confirmed.

• February 9, 2022

  The Defendants have filed their facta in support of the Defendant’s Appeal of the Certification Decision. A copy of the Defendants’ materials can be found in the Documents Tab of this page.  The Representative Plaintiffs’ Responding materials are due in March 2022.

• January 5, 2022

  The Court of Queen’s Bench of Alberta has issued a final certification order. A  copy of the order can be found in the Documents tab of this page.

  The Defendants’ appeal of the Court of Queen’s Bench of Alberta’s certification decision is still underway. The Defendants have served their appeal record. The Defendants’ written facta are due on January 22, 2022 and the Plaintiffs’ responding factum is due on March 22, 2022.

• August 16, 2021

  The Defendants have filed notices of appeal to appeal the certification decision. A copy of the notices of appeal can be found in the Documents section of this page.

• July 2, 2021

  The Alberta Court of Queen’s Bench has released its decision certifying the action. A copy of the decision can be found in the Documents section. Formal notice to the class will be provided in due course.

• May 10, 2021

  The certification hearing concluded on April 28, 2021. The judge reserved his decision. We expect to receive a decision in the coming weeks.

• April 26, 2021

  The hearing of the certification application will take place on Wednesday, April 28, 2021, beginning at 10:00 a.m. The virtual courtroom link and instructions for connecting can be found here.

  The parties’ material for the application can be found in the “Documents” section of this page.

• April 8, 2021

  The parties have completed cross-examinations and are preparing for the certification application, which will be heard virtually on April 27 and 28, 2021. The Plaintiffs have filed their written submissions in support of the certification application, a copy of which can be found in the “Documents” section of this page. Copies of the Defendants’ written submissions and the Plaintiffs’ reply submissions in due course.

• December 8, 2020

  The certification application has now been scheduled to be heard on April 27 and 28, 2021.  At this point, it is not clear whether the hearing will take place in person or by video.  Various steps in advance of the hearing are being undertaken including cross-examinations, responding and reply evidence and written submissions.

• November 3, 2020

  Justice Poelman released his decision directing that the Plaintiffs’ certification application proceed first before any summary dismissal applications by the Defendants.  As a result a hearing of the Plaintiffs’ certification application will be scheduled soon, which hearing is expected to be held in the coming months.

• October 29, 2020

  Following a period of delay due to Covid-19, a case management hearing was held before Justice Poelman, the case management judge, on October 29, 2020.  Arguments were presented as to which applications should proceed first:  the Plaintiffs’ certification application or the Directors’/Paramount’s summary dismissal applications.  Justice Poelman reserved his decision, which we expect to receive soon.

• September 1, 2020

  This class action has been delayed as a result of restrictions imposed on the Alberta Court of Queen’s Bench’s operations and other Ministerial Orders as a result of Covid-19.   Many of those restrictions have now been lifted and the Plaintiffs are seeking to push this litigation forward.  In that regard a case management hearing has been scheduled, at the Plaintiff’s request, at which the Plaintiffs expect a decision will be made as to the proper sequencing of our certification application and the Defendants’ proposed summary judgement applications.  That case management hearing has been scheduled for October 29, 2020.

• April 21, 2020

  As a result of Covid-19, the Alberta Court of Queen’s Bench has severely restricted its operations at least until June 1.  Please click on the links below for more information:

  https://www.albertacourts.ca/qb/court-operations-schedules/pandemic-operations
  https://open.alberta.ca/publications/ministerial-order-27-2020-justice-and-solicitor-general

  As a result, no applications in this matter can be scheduled or heard at this time.  In particular, the scheduling of the certification application and the scheduling of the application about whether to hear the Defendants’ proposed preliminary applications before, after or concurrent to the Plaintiffs’ certification application, have been delayed.   Further information on when and how this proceeding will continue will be provided when known.

• February 28, 2020

  A case management meeting with the Honourable Mr. Justice Poelman was held on February 28, 2020. A timetable for the certification application was not set. Instead, the court will next determine whether to hear the Defendants’ proposed preliminary applications before, after or concurrent to the Plaintiffs’ certification application. A hearing of that issue has not been scheduled and will only be held after April when the Defendants are to deliver application materials.

• December 9, 2019

  Class Counsel has been advised of recent terminations of employment by Paramount.

  We understand that some of those impacted have been asked to sign a release to give up certain rights against Paramount as part of the severance package offered.  That release of rights may impact class members’ right to claim for the deferred compensation owed to them from their time with Apache Canada Ltd., which is being sought as part of this proposed class action.

  If you or someone else you know has recently had their employment terminated by Paramount and have been asked to sign a release of certain rights against Paramount, we encourage you and they contact us to discuss.

Show All

• December 4, 2023 SETTLEMENT APPROVED IN APACHE CANADA EMPLOYEE AWARDS CLASS ACTION
• September 5, 2023 Proposed settlement reached in Apache Canada class action

• December 4, 2023 Notice of Settlement Approval In Apache Awards Class Action
• October 26, 2023 Settlement Approval Order
• October 12, 2023 Brief of the Plaintiffs
• September 5, 2023 Settlement Agreement
• September 5, 2023 Notice of Certification and Proposed Settlement in Apache Awards Class Action
• November 22, 2022 Memorandum of Judgment
• March 21, 2022 Factum of the Respondents
• March 18, 2022 Factum of the Respondents
• January 19, 2022 Factum of the Appellant
• January 18, 2022 Factum
• January 5, 2022 Certification Order
• July 26, 2021 July 26, 2021 Amended Notice of Appeal (Paramount)
• July 26, 2021 July 26, 2021 Amended Notice of Appeal (Apache Corporation et al)
• June 24, 2021 Reasons for Decision (Certification)
• April 25, 2021 Reply Brief & Authorities of Plaintiff
• April 20, 2021 Brief of Argument (Paramount Resources Ltd)
• April 14, 2021 Brief of Argument (Apache et al)
• March 31, 2021 Certification – Brief and Authorities of the Plaintiffs
• March 19, 2020 Statement of Defence (Apache Corp)
• March 19, 2020 Statement of Defence (Paramount Resources Ltd)
• March 19, 2020 Statement of Defence (Individual Directors)
• November 2, 2020 Endorsement on Sequencing of Applications of the Honourable Mr. Justice G.H. Poelman
• November 20, 2019 Letter from Koskie Minsky to Putative Class Members - Apache Canada Ltd. Class Action
• September 10, 2019 Amended Statement of Claim

What is a class action?

A class action is a lawsuit which provides a method for a large group of people with common claims to join together to advance one large claim. Class actions are a more efficient and cost-effective way for groups of people with common claims to gain access to the legal system and seek justice.

What does certification mean?

In order for an action to proceed as a class action, the court must determine whether it is appropriate for the case to be treated as a class action. Some of the factors the courts consider are the extent to which the claims of the class
members are common, and whether a class action is preferable to other methods (such as individual actions) of advancing the issues. The decision as to whether a class action should be certified takes place at a certification hearing and is decided by a judge. If certified, a representative plaintiff will advance the action on behalf of all of the class members.

How do I know if I am a Class Member?

The certification order will always contain a description of who is a class member. We post the certification orders in our actions so that you can review them. You do not need to “sign up” to become involved in a class action. If you are included in the class description, you are automatically a class member who will be affected by the outcome of the class action unless you decide to “opt out”.

Are Class Members notified of the certification of the class proceeding?

Yes. After the claim has been certified, the court will authorize notice to be given to the members of the class.

Do I need to provide documents to be a class member?

No. Once a case is certified, you are automatically a class member if you are included in the class description. However, we recommend that you keep any relevant records such as grant award agreements, offers of employment, correspondence, etc. as you may need these documents to pursue any individual claims and/or support your claim for compensation in the event of a payout from a settlement or judgment arising from this class action.

Can I opt out of a class action?

Yes. When a class action is certified, class members are always given an opportunity to opt out of the action. A deadline is imposed for opting out. If you do not opt out by the given deadline, class members will be bound by the outcome of the class action, whether it is successful or unsuccessful. If you opt out, you will not be able to participate in any judgment or resolution to the case, including any judgment against or resolution with Apache Corporation or members of its board of directors.

How can I opt out?

Further details on the deadline for opting out and how to opt out will be provided. Such information is typically included in the notice given to members of the class when the claim is certified.

Will this class action have an impact on my employment with Paramount?

The proposed class action should have no impact on your employment. The class action seeks recovery for the restricted share units and other deferred compensation owed to class members at the time that Paramount purchased Apache Canada Ltd. The class action has nothing to do with class members’ current active employment with Paramount.

Will Paramount be notified of my participation in the class action?

The named plaintiffs in the proposed class action are former employees of Paramount. Individual class members are not named nor will they be named as a party in this case.

We will not disclose the names of anyone who has contacted us.

There is no requirement to tell Paramount or anyone else whether you support the class action or whether you intend to opt out or not.

The Plaintiffs are also asking the court to keep the identity of any class member who is actively employed by Paramount Resources Ltd. and who opts out of the class proceeding confidential and for such information to be disclosed only after the common issues trial. In our view, this will help protect the identities of class members who wish to participate in the class proceeding.

I have been recently terminated from my employment with Paramount and asked to sign a release. Will this affect my ability to participate in the class action?

Your ability to participate in the class action may be affected if you sign a release. Please contact us if you have questions about the terms of the release and its impact on your ability to participate in the class action.

Please note that as Class Counsel, we cannot advise you on other employment-related issues that fall outside the class action, including issues such as termination notice, payment in lieu of notice, just cause, etc. We recommend that you consult an employment lawyer in relation to those issues.

Will there be any cost to class members for legal fees?

The lawyers are working on a contingent basis – meaning they will only be paid if there is recovery to the class. If there is recovery to the class, the lawyers will ask for payment of their fees out of that recovery or otherwise. The lawyers’ fees may be paid by the defendants or out of the settlement or judgment proceeds as approved by the court. No fees can be paid to the lawyers without approval by the court.

In addition, the lawyers must seek preliminary approval of their contingency fee agreement with the named plaintiffs from the court.

I still have questions…

Please feel to contact us by using the contact information on this site.

Toll Free: 1-833-630-1775

Email: apacheclassaction@kmlaw.ca.