Saint John Flood Class Action

• September 10, 2020

  The Plaintiffs have asked the Court to provide a verdict based solely on the expert evidence without the need for a full trial. This process is called “Summary Judgment”. The process has been delayed by the pandemic. It was scheduled to be heard by the Court on Sept 9, 10 and 11, 2020. The Court has adjourned those dates due to the pandemic. We will provide a further update once new dates are secured.

• June 18, 2019

  This action has been certified as a class proceeding. A copy of the Notice is available here. A copy of the Opt Out Form for residents of New Brunswick  is available here. A copy of the Opt In Form for residents outside of New Brunswick is available here.

• May 28, 2019

  This action has been certified as a class proceeding. A copy of the certification order is available here. A copy of the order for notice of certification is available here.

• June 18, 2019 Opt Out Form French
• June 18, 2019 Opt In Form French
• June 18, 2019 Long Form Notice French
• June 18, 2019 Opt Out Form
• June 18, 2019 Opt In Form
• June 18, 2019 Long Form Notice - English
• May 28, 2019 Notice of Action with 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. 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.

Toll Free Hotline: 1-833-630-1777

Email: sjfloodclassaction@kmlaw.ca