April 19, 2010
The Honourable Justice Cullity’s reasons for decision in regards to the Plaintiffs’ certification motion, which was heard on March 2-4, 2010, were released today. The Honourable Justice Cullity held that the action met virtually all of the requirements for a class proceeding, especially for the years 1961 to 1979. The court held that if the class action is to cover the time period before 1961 or after 1979, the Plaintiffs must file further evidence covering those time periods. The court also held that the Plaintiff must file an amended litigation plan to deal with the issues arising from the vulnerability of the class members in this case. A date will be set for these matters to be addressed in court. In all other respects, the case met the test for certification under the Class Proceedings Act, 1992. A copy of the court’s decision can be found in the “Documents” link below.