Apache Canada Ltd. Class Action

• 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

• November 3, 2020 Endorsement on Sequencing of Applications of the Honourable Mr. Justice G.H. Poelman
• November 21, 2019 Letter from Koskie Minsky to Putative Class Members - Apache Canada Ltd. Class Action
• September 11, 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.

Can I opt out of a class action and pursue independent legal 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 receive any benefit if the action is successful.

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

Typically, class actions are handled on a contingency fee basis, which means that the class action lawyers will be paid only if the class action is successful at trial or settled. In that case, class counsel fees may be paid by the defendants or out of the settlement or judgment proceeds as approved by 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.