The Shaw Group Inc. Class Action
This action relates to the termination of Shaw Canada employees on August 31, 2012 as a result of the bankruptcies of Shaw Canada L.P., Stone & Webster Canada Holding One (N.S.), ULC (“SWC1”) and Stone & Webster Canada Holding Two, Inc. (“SWC2”). We act for the terminated employees. Our clients allege that The Shaw Group Inc. and other defendants are liable for damages relating to, among other things, wrongful dismissal and the underfunding of the Employees Retirement Plan of Stone & Webster Canada L.P. The defendants include The Shaw Group Inc., which is the parent of Shaw Canada. The defendants deny the allegation and any wrongdoing.
On September 10, 2013, the plaintiffs, The Shaw Group Inc. and the trustee in bankruptcy for Shaw Canada, SWC1 and SWC2 entered into a settlement agreement to resolve the litigation that we brought against The Shaw Group Inc. and its affiliates. The Shaw Group Inc. has agreed to pay Cdn $9.4 million to settle all claims (as defined in the settlement agreement). In exchange, there is a full release of The Shaw Group Inc. and its affiliates. The settlement is subject to court approval. A copy of the settlement agreement can be viewed here.
On October 9, 2013 the Ontario Superior Court of Justice (Commercial List) converted the action into a class proceeding for settlement purposes and approved the settlement. For more information on the settlement, select the Settlement tab on the Shaw Class Action webpage or click here.
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Latest Developments
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October 10, 2013
The court certified this action as a class proceeding and approved the settlement on October 9, 2013. A copy of the formal notice of settlement approval can be viewed here (English, French). For more information on the settlement, select the Settlement tab below.
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September 11, 2013
The plaintiffs have entered a settlement whereby The Shaw Group will pay $9.4 million to settle all claims. The settlement is subject to court approval. There is a hearing to consider the settlement on October 9, 2013 at 9:30 a.m. at the courthouse located at 330 University Avenue in Toronto. The notice of this hearing can be viewed by selecting the following link: English, French.
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October 10, 2013
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Documents
- October 15, 2013 Avis d'approbation du règlement
- October 15, 2013 Formulaire De Retrait
- October 10, 2013 Notice of Settlement Approval
- October 10, 2013 Opt Out Form
- October 10, 2013 Endorsement of Justice Morawetz
- October 10, 2013 Order of Justice Morawetz
- October 9, 2013 Unofficial Typed Endorsement of Justice Morawetz
- October 8, 2013 Distribution Protocol
- September 17, 2013 Settlement Agreement
- September 11, 2013 Avis de certification et audience d'approbation de règlement
- September 11, 2013 Notice of Certification and Settlement Approval
- December 19, 2012 Statement of Claim
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Settlement
On October 9, 2013, Justice Morawetz of the Ontario Superior Court of Justice (Commercial List) approved a settlement of this employment and pension class action. Under the settlement, The Shaw Group Inc. will pay a total of $9.2 million for the benefit of class members, including for the legal expenses incurred on their behalf, in exchange for a release of all claims against the defendants.
To view the English version of the formal notice of settlement approval, please click here. To view the French version, please click here. The notice explains who can participate in the settlement and provides an overview of how the settlement proceeds are going to be distributed. The distribution of the settlement is governed by the court-approved Distribution Protocol, which can be viewed here.
The following documents are relevant to the settlement:
Order of Justice Morawetz dated October 9, 2013
Endorsement of Justice Morawetz dated October 9, 2013
Unofficial Typed Endorsement of Justice Morawetz dated October 9, 2013
Notice of Certification and Settlement Approval
Avis d’approbation du règlement
Opt Out Form (to be excluded from the settlement)
Any questions regarding the settlement or opt out process should be directed to:
Koskie Minsky LLP
20 Queen St. W., Suite 900, Toronto, ON M5H 3R3
Attention: Andrew J. Hatnay
Tel: 416-595-2083
Email: ahatnay@kmlaw.ca