News & Events

On Wednesday, May 10, 2023, the Ontario Divisional Court heard our appeal from the dismissal of the certification motion. The Court reserved its decision. We will post an update to this page once the decision is released.

The parties remain in mediation and the discussions are continuing.

THE COURT ROOM FOR THE SETTLEMENT APPROVAL HEARING HAS CHANGED – The Settlement approval hearing will now be held before the Court of King’s Bench on Friday, May 5, 2023, in Courtroom 210. The hearing is scheduled to commence at 10:00am CST/ 11:00am EST at the Courthouse located at 408 York Avenue, Winnipeg, Manitoba R3C 0P9.

The Court of Appeal for Ontario has allowed our appeal from the decision of the Divisional Court, and has restored the decision of Justice Belobaba, certifying this class action. To read the reasons of the Court of Appeal, please click here.

The plaintiffs are in the process of developing a proposed Individual Issues Protocol and Recruitment Plan. A motion will be brought before Justice Perell to approve the Protocol and Plan. That motion will be heard commencing on August 29, 2023, and may be continued on September 13 and 27, 2023.

The Court has adjourned the certification motion to allow the parties to deliver additional evidence. An update will be posted when a new hearing date is set for the certification motion.

Class members may now file a Claim Form in this action. All claims must be submitted before September 25, 2023. The Claim Form is available HERE. Please read this Notice to the Class for more information on the settlement and claims process. If you have questions about the claims process, please contact us at: Email:

This proposed class action has been discontinued. The Ontario Superior Court of Justice has approved a Notice of Discontinuance which provides information about steps that individuals need to take if they wish to proceed with any legal claims they may have. Click here to read the Notice of Discontinuance. 

The Court has approved the settlement agreement in this action. Please see this Notice to the Class for more information on the settlement and claims process. To be eligible for compensation, you must file a Claim Form by September 25, 2023. More information about how to file a Claim Form will be available soon.

A trial of the certified common issues took place between February 6, 2023 and March 10, 2023, before the Honourable Justice Penny. Justice Penny reserved his decision, to be released at a later date.