Victims of Ralph Rowe

• January 17, 2019

  The opt-out period has now passed. The litigation timetable is as follows:

  Statements of Defence	By end of December 2018
  Mediation	By end of February 2019
  Exchange of Documents	By end of May 2019
  Oral Discoveries	By end of August 2019
  Plaintiff’s Expert Reports	By end of October 2019
  Defendants’ Responding Expert Reports	By end of January 2020
  Plaintiff’s Reply Expert Reports	By March 15 2020
  Pre-trial	May 2020 (or the first mutually available date the Court can provide thereafter)
  Trial	September 2020 (or the first mutually available date the Court can provide thereafter)

   

• June 11, 2018

  This action has been certified as a class proceeding. A copy of the Notice of Certification is available here. If you do not want to participate in this class proceeding and you want to exclude yourself from receiving any money from a settlement or judgement of this case, fill out and submit an opt out form to Koskie Minsky LLP by September 22, 2018.

• December 19, 2017

  The timetable for certification is as follows:

  Plaintiff’s certification record:	September 15, 2017
  Defendants’ responding certification record:	December 15, 2017
  Plaintiff’s reply certification record, if any:	January 30, 2018
  Cross-examinations to be completed by:	March 16, 2018
  Plaintiff’s certification factum:	April 16, 2018
  Defendants’ responding certification facta:	May 14, 2018
  Plaintiff’s reply certification factum:	May 28, 2018
  Hearing of the motion:	June 26 and 27, 2018

   

• May 11, 2017

  The Statement of Claim has been issued in this matter. A copy is available here.

Show All

• January 16, 2019 Certification order signed & entered
• May 11, 2017 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.

Phone: 1 888 353 6661

Email: ralphroweclassaction@kmlaw.ca.