Restigouche Hospital Centre Class Action
The Claims Period is Now Closed
A settlement was reached between the Plaintiff and the Defendants in this proceeding (the “Settlement”). The Settlement was approved by the Court on October 26, 2023.
The period to file a claim closed on October 26, 2024.
The Claims Administrator is processing claims and will issue its decisions in due course. If you have received a request from the Claims Administrator regarding missing information, please respond to the Claims Administrator as soon as possible.
The Claims Administrator may accept late Claim Forms received by December 26, 2024 if:
(a) the Claimant, the Claimant’s SDM, or the Claimant’s Estate has provided written reasons for failing to submit the Claim Form and is able to demonstrate that he/she intended to submit the Claim Form before the applicable deadline;
(b) the Claimant has described special circumstances that would justify the consideration of the Late Claim Form in the interests of justice;
(c) the parties consent to have such Claim Form be assessed by the Claims Administrator; or
(d) the Court otherwise orders accordingly.
Claimants may request a Reconsideration of their decision if: (a) their claim is disallowed in its entirety, or (b) their claim is determined ineligible. Any request for Reconsideration must be received by the Claims Administrator within fourteen calendar days of the date of the Claim Administrator’s decision.
If you need further assistance, including with submitting a late Claim Form or a request for Reconsideration, please Contact Class Counsel at restigoucheclassaction@kmlaw.ca or toll-free at 1-888-233-2852.
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Latest Developments
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November 2, 2023
The New Brunswick Court of King’s Bench has approved the settlement agreement on October 26, 2023.
You are a Class Member if you meet one of the following definitions:
- All persons who were admitted to or resided at the RHC between May 24, 2004, and October 1, 2021, and who were alive as of May 24, 2017; and,
- All persons who were admitted to or resided at the RHC between January 1, 1954, and October 1, 2021, and who were alive as of May 24, 2017, and claim that they were sexually assaulted.
A copy of the approved settlement can be found in the Documents section of this page. The claims process is now open. To make a claim, you must submit a Claim Form to the Claims Administrator by October 26, 2024. Further information about the Settlement and the claims process can be found on the Long Form notice.
Please visit https://restigouchehospitalcentreclassaction.com/ for more information.
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June 30, 2023
We are pleased to advise that the parties have reached a proposed settlement agreement in this class action. There will be a hearing on September 25, 2023 for the court to determine whether to approve the settlement or not. Further details about the proposed settlement agreement and information about your options can be found on this Notice.
Key documents pertaining to the proposed settlement agreement can be found in the “Documents” section or on the following website: https://restigouchehospitalcentreclassaction.com/
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January 7, 2022
On November 25, 2021, the New Brunswick Court of Appeal denied the Defendants’ motion for leave to appeal the New Brunswick Court of Queen’s Bench decision certifying the case as a class action. A copy of the New Brunswick Court of Appeal decision can be found in the Documents section on this page. The parties have since exchanged submissions on costs for the certification decision. Formal notice to the class will be provided in due course.
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October 1, 2021
The New Brunswick Court of Queen’s Bench has certified this action as a class proceeding. Formal notice to the class will be provided in due course.
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August 17, 2021
The certification hearing concluded on April 26, 2021. The Court has not yet released a decision. We will post the decision here on our website once it is released.
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January 8, 2021
The certification hearing is scheduled for April 26, 2021.
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May 24, 2019
The Statement of Claim in this action has been issued.
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November 2, 2023
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News Releases and Reports
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Documents
- November 2, 2023 Claim Form - French
- November 2, 2023 Long Form Notice - French
- November 2, 2023 Publication Notice - French
- November 2, 2023 Claim Form - English
- November 2, 2023 Long Form Notice - English
- November 2, 2023 Publication Notice - English
- October 26, 2023 Decision
- June 30, 2023 Opt Out Form - French
- June 30, 2023 Opt Out Form - English
- June 30, 2023 Opt In Form - French
- June 30, 2023 Opt In Form - English
- June 30, 2023 Objection Form - French
- June 30, 2023 Objection Form - English
- June 30, 2023 Short Form Notice - French
- June 30, 2023 Short Form Notice - English
- June 30, 2023 Long Form Notice - French
- June 30, 2023 Long Form Notice - English
- June 30, 2023 Press Release - French
- June 30, 2023 Press Release - English
- June 28, 2023 Amended Settlement Agreement - French
- June 28, 2023 Amended Settlement Agreement - English
- November 25, 2021 Decision
- October 1, 2021 Decision
- January 8, 2021 Order
- May 24, 2019 Notice of Action and Statement of Claim
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FAQS
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. In addition, the plaintiff may seek funding assistance from the Class Proceeding Fund which, if funding is granted, may provide funding for disbursements.
I still have questions…
Please feel to contact us by using the contact information on this site.
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Contacts
Toll-free: 1-888-233-2852
Email: restigoucheclassaction@kmlaw.ca
