This class action has entered the individual issues phase. That means there has been on a judgment on liability against VIA. This does not mean VIA has to pay any money to the passenger. You must still prove your individual personal damages. To read the notice that tells you what to do, click here.
April 26, 2016
Justice Perell has given an endorsement confirming the individual issues litigation plan, you can read the endorsement by clicking here. Once the order is confirmed, the process of individual claims for damages will begin and notice will be given to class members.
November 12, 2015
Judgment on the common issues has now been entered. This means this case is now moving to the individual issues stage which concerns the damages passengers on the train suffered. A process to submit a claim and have that claim adjudicated with be posted on this website and sent to passengers. To see the judgment on the common issues, click here.
November 9, 2015
A court hearing will be held on November 10th to decide how individual claims will proceed. Notice will be posted here when that procedure is approved by the Court.
June 1, 2015
Justice Perell’s reasons on the issue of costs of the common issues stage of this litigation have been released. To read a copy of these reasons, click here. The next step in this action is the confirmation of a plan to litigate the individual issues of class members regarding damages.
March 24, 2015
Justice Perell released his reasons concerning the motion seeking judgment on the common issues and individual assessments for damages. The parties are to provide an individual issues litigation plan to set a procedure class members can use to resolve outstanding claims of damages, within 40 days. Judgment will be given on common issues 1,2,3 and 5. This website will be updated when the procedure to establish individual damages is confirmed. To read a copy of Justice Perell’s reasons, click here.
The parties will be attending a motion on March 12, 2015 to determine issues related to damage assessments in this case.
September 29, 2014
The parties will be attending a case conference on October 1, 2014 with Justice Perell.
August 25, 2014
The parties will be attending a case conference with Justice Perell on August 26
January 22, 2014
The opt-out date for this action has passed. If you did not opt-out of this action, and are within the class definition in the Certification Order, you are included in this action.
January 15, 2013
This case has now been certified as a class action. The class members consist of all passengers on Via Train 92, when it derailed on February 26, 2012, and certain family members, excluding employees of Via and CN. For a complete description of the class, please view the Certification Order here.
October 12, 2012
The motion to certify this case as a class action will be proceeding on consent. The Court must still approve the case as a class action, a hearing is therefore still scheduled to take place on November 1, 2012 and November 2, 2012, in Toronto.
April 2, 2012
A case conference was held before the Honourable Justice Perell, at which time a timetable for the return date of the certification motion was set. The certification motion is set to be heard November 1-2, 2012. The next step is for the Plaintiffs to serve motion materials in support of the certification motion. To view the complete timetable please click here.
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…
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