News & Events

The Federal Court has approved the proposed settlements reached with each of the remaining Defendants. A copy of the Federal Court’s reasons can be downloaded here. The claims process has not yet begun. We will update our website with further information about how to make a claim in due course.

We are pleased to share that the Ontario Superior Court of Justice has approved the Settlement in this class action. A copy of Justice Glustein’s decision can be reviewed here. The decision to approve the Settlement must now be recognized by the Quebec Superior Court. Then, a further notice containing information about how to make

The certification motion hearing is scheduled for January 20-21, 2025 in Calgary.

Class Members who submitted Section A claims should expect to receive their decisions soon. The Claims Administrator is currently processing and assessing a high volume of Section B claims and will release decisions on Section B claims in due course.

The Federal Court of Canada has approved a Canada-wide settlement that resolves this class action alleging price fixing and related conduct, on behalf of persons in Canada who purchased farmed Atlantic salmon and products containing Atlantic salmon. The settlement is a compromise of disputed claims and is not an admission of liability, wrongdoing or fault

The appeal from the dismissal of the plaintiffs’ certification motion has now been rescheduled. It will be heard by the Court of Appeal for Ontario on January 27, 2025.

Class Counsel has been working towards getting the trial of the common issues scheduled and heard.  In July 2024, Class Counsel attempted to serve and file a requisition for a pre-trial conference, which is a precursor step that must be taken before trial dates can be scheduled. However, that request was ultimately rejected by the

The Notice of Civil Claim was issued in British Columbia.

The Court of Appeal has dismissed the defendants’ motion to “quash” part of the appeal. The reasons of the Court of Appeal are available here. Due to the timing of that decision, the hearing of the plaintiffs’ appeal from the dismissal of the certification motion was adjourned. The appeal will now be scheduled to be

The potential class action has been discontinued as of April 18, 2024. The Notice of Discontinuance can be found in the Documents section of this page.

The September 2024 mediation dates have been postponed to the spring due to scheduling issues. In the meantime, Class Counsel is taking all available steps to advance the litigation in a timely manner.

CORRECTED We were advised by the Attorney General for Canada that the Government of Canada’s Office of Audit and Evaluation (OAE) at Health Canada will be conducting an evaluation of the Canadian Thalidomide Survivors Support Program (CTSSP) for the period from April 2019 to March 2024. We were advised that the OAE may be contacting

The Statement of Claim was issued.

The Proposal Trustee is in the process of finalizing claim calculations to determine the amount of each non-union employee and retiree’s distribution payment from the Proposal funds On July 26, 2024, the Proposal Trustee (Grant Thornton Ltd.) held a meeting with the inspectors to provide an update on future distributions to creditors. Inspectors are creditors

A motion to approve the proposed settlements with all remaining Defendants was heard by the Federal Court of Canada. The Court’s decision is under reserve.

As part of the Manitoba Developmental Centre Class Action Settlement, Class Members can take a tour of MDC on either September 20 or September 23 before it closes forever. Each day there will be a morning tour at 10am – 12 pm, and an afternoon tour at 1 pm – 3pm. If you want to

We are pleased to share that a Settlement has been reached in this class action. The Settlement is subject to court approval, and a hearing has been scheduled for October 25, 2024. For more information, you can review the Short-Form Notice, the Long-Form Notice, or the complete Settlement Agreement.

The Plaintiffs delivered their Expert Reports. The Defendants have until February 28, 2025, to deliver their Responding Expert Reports.

The Plaintiffs delivered their Expert Reports. The Defendants have until February 28, 2025, to deliver their Responding Expert Reports.

The Statement of Claim has been issued in this case.

Justice Glustein ordered that the Ontario Prisoner Class Action (Raymond Lapple and Jerome Campbell v. His Majesty The King In Right of Ontario – No.  CV-16-558633-00CP) be tried together with the Immigrant Detainee Class Action (Godday Dadzie and Al Zeekehmens v. His Majesty The King In Right of Ontario and The Attorney General of Canada

Justice Glustein ordered that the Ontario Prisoner Class Action (Raymond Lapple and Jerome Campbell v. His Majesty The King In Right of Ontario – No.  CV-16-558633-00CP) be tried together with the Immigrant Detainee Class Action (Godday Dadzie and Al Zeekehmens v. His Majesty The King In Right of Ontario and The Attorney General of Canada

The Plaintiffs will not be seeking leave to appeal to the Supreme Court of Canada and will focus on litigating the balance of the case.

As outlined below, the Plaintiff issued a Second Fresh as Amended Statement of Claim that named six additional proposed representative plaintiffs in this action, in accordance with Justice Perell’s decision on phase one of the certification motion. However, no potential representative plaintiff with claims against Hikma Labs Inc., Hikma Pharmaceuticals PLC, and West-Ward Columbus Inc.

The Claims Period is Now Closed The period to file a claim commenced on June 26, 2023 and closed on June 27, 2024. The Claims Administrator is processing claims and will issue its decisions in due course.

The Plaintiffs will be bringing a motion to certify the action as a class proceeding. The motion for certification is scheduled to be heard on December 17-19, 2025.

Bell Canada Pension Plan 1998 COLA Error Class Action Discontinued On September 19, 2023, the pensioners of the Bell Canada Pension Plan initiated this class proceeding to seek compensation from Bell Canada in respect of an underpayment of pension benefits resulting from a miscalculation of the cost-of-living allowance (“COLA”) increase applied to annual pensions in

The Court of Appeal for Ontario dismissed the Plaintiffs’ appeal from the decision of Justice Penny, dated June 5, 2023. The Court’s Reasons for Decision can be viewed here.

The Plaintiffs have filed their certification motion record.

The Ontario Superior Court of Justice recently expanded the class definition to include persons whose vehicle’s water pump failed up until May 30, 2024. The former class definition only included persons whose vehicle’s water pump failed on or before the date of certification, being June 8, 2021. The current class definition is as follows: All

The Plaintiffs’ appeal from the decision of Justice Penny, dated June 5, 2023, was heard by the Court of Appeal for Ontario.

We have been advised that the Claims Administrator has mailed out compensation payments to eligible Class members.  Class members should expect to receive those payments shortly.

Claims Assistance Sessions in Winnipeg on June 4 & June 6, 2024, and in Steinbach on June 12, 2024. Class Counsel will be hosting two drop-in claims assistance sessions at 120 Maryland St. in Winnipeg and another session at Envision Community Living in Steinbach (84 Brandt St.). The purpose of these sessions is to assist Class

What: Question and Answer Session MDC Claims Process Where: This will be a virtual Session on Zoom https://us02web.zoom.us/j/82495532009 Date: Thursday May 23, 2024 Time: 1:00pm (Central/Manitoba Time) Further details can be viewed here.

As of April 24, 2024, 40 employees have reached out to us for representation in the Proposal proceeding of The Body Shop Canada (“TBS Canada”). We are collaborating with a Chartered Professional Accountant to determine the maximum legal claim amount for these employees. Our estimate suggests the 220 terminated employees could collectively claim over $2M.

We are writing to provide you with the latest news on the Metroland proceeding, specifically regarding the dispute concerning Service Canada’s ‘subrogation’ claim. We understand the importance of clarity during these times, and the following breaks down the recent developments for you. Decision of Justice Conway on Subrogation Claim On May 17, 2024, Justice Conway

On Friday, May 17, 2024, the Monitor issued the third and final distribution to all creditors, including retirees. As per paragraph 7.5 of the Amended and Restated Joint Plan of Compromise and Arrangement, if, within six months of the final distribution date (May 17, 2024), any distribution to a former employee or retiree remains uncashed,

The appeal from the dismissal of the plaintiff’s certification motion to the Court of Appeal for Ontario has been rescheduled. It will now be heard on October 8, 2024. The defendants’ motion to “quash” part of the appeal was heard on March 26, 2024. The Court of Appeal for Ontario has not yet released its

A two-stage trial has been scheduled for November 17-28, 2025 and March 16-27, 2026. The Court will be deciding the common issues applicable to all Class Members in the class action covering the period ending on May 4, 2022. A second case was commenced on May 2, 2024. The second case covers the same groups

When the Canadian Thalidomide Survivors Support Program (“CTSSP”) was established in April 2019, it restricted eligibility only to those who were born within the period December 3, 1957, to December 21, 1967.  That resulted in a number of class members who were born outside that period being excluded from consideration for the benefits provided by

In accordance with Justice Perell’s decision on phase one of the certification motion, the plaintiff issued a Second Fresh as Amended Statement of Claim (“SFAC”). The SFAC added six additional proposed representative plaintiffs. The plaintiffs are now preparing materials for Phase Two of the certification motion.

The Plaintiffs’ have made a motion to the Court of Appeal for Ontario, seeking leave to appeal from the decision of the Divisional Court.

The Plaintiffs will be moving for summary judgement on Common Issues (a) and (c), as specified in the Certification Order of Justice Phelan dated June 7, 2021. The Plaintiffs will argue that Canada owed a duty to take reasonable steps to prevent all Métis and Non-Status children who were placed in the care of non-Indigenous

Justice Hoskins of the Nova Scotia Supreme Court issued his decision to grant certification of this class action on consent of the Province. He also issued a simultaneous decision to approve the Litigation Funding Agreement in this action.

WEPP Applications are being processed by Service Canada As we reported on December 22, 2023, we arranged with the Company to appoint Grant Thornton Limited (“GT”) as the Receiver over certain assets of Metroland on December 8, 2023, in addition to GT’s role as the Proposal Trustee. The receivership makes the Wage Earner Protection Program

The Defendant has served its Statement of Defence. A copy can be found here. Canada has claimed that it was not responsible for the harms suffered by Métis and Non-Status survivors of the 60s Scoop. Canada has requested that the Court dismiss this case without any compensation or other remedy to the Class Members. Canada

A two-day mediation with the Defendant before a retired judge is scheduled via Zoom in September 2024.

The Plaintiffs’ motion for certification is scheduled to be heard October 23 and 24, 2024.

Claims Assistance Session in Brandon: April 3, 2024 Class Counsel for the MDC Settlement will be hosting a drop-in claims assistance session at Brandon Community Options to assist survivors and their representatives with any issues they may have in filling and submitting their claim forms in the Manitoba Developmental Centre Class Action. This is a

The motion for certification has been scheduled for February 11 and 12, 2025.

We are pleased to announce that the Federal Court decision approving the settlement of this class proceeding became effective on March 19, 2024. Later this year, Class Members who currently receive disability pensions directly from Veterans Affairs Canada (VAC) will automatically receive settlement payments from VAC by direct deposit or cheque. Estates, family members of

Claims Assistance Sessions in Winnipeg: March 27 and March 28, 2024 Class Counsel will be hosting two drop-in claims assistance sessions at 120 Maryland St. in Winnipeg to assist Class Members and their representatives with any issues they may have in filling and submitting their claim forms in the Manitoba Developmental Centre Class Action. These

TELUS Health (formerly LifeWorks), the wind up administrator of the Sears Canada Inc. Registered Retirement Plan (the “Plan”), has released a status update regarding the wind up of the Plan, estimating that lump sum payments and annuity purchases will be complete by the end of 2025. A number of outstanding legal issues needed to be

To all Claimants: please ensure that your contact information is always kept up to date with the administrator. If your contact information is not up to date, you may be unable to exercise your rights and your rights may be extinguished. The remainder of this update only applies to you if you have made a

To all Claimants: please ensure that your contact information is always kept up to date with the administrator. If your contact information is not up to date, you may be unable to exercise your rights and your rights may be extinguished. The remainder of this update only applies to you if you have made a

The claims process is now open. If you are a Class Member, to receive money under the Protocol, you must submit a Claim before March 1, 2025. To make a Claim you have the following options: Claim Online: You can make a claim online using the online Claim Form at: https://app.ontarioadministrativesegregation.ca/en/welcome Incarcerated Claimants: If you

On January 17, 2024, the Ontario Court of Appeal dismissed our motion for leave to appeal. This means that the dismissal of the certification motion stands as final. It is not possible for this case to continue as a class action. We sought to represent Branch Rental Managers, Assistant Branch Rental Managers, and Station Managers

On January 25, 2024, the Supreme Court of Canada denied Ontario’s application for leave to appeal from the Court of Appeal’s decision allowing our appeal. To see that decision, please click here. This action will now continue as a certified class action. At this stage, Ontario has filed its Statement of Defence, which you can

We are writing to report on the proceedings of North American Fur Producers Inc. et al. (“NAFA”) under the Companies’ Creditors Arrangement Act (RSC 1985, c C-36; “CCAA”). To recap, on October 31, 2019, NAFA was insolvent and applied for protection from its creditors under the CCAA. Although the CCAA is a restructuring statute, NAFA

This claim alleging sexual, physical, and emotional abuse at Marymound was commenced on May, 2, 2023. The Defendants have not yet filed a defence.

The trial of this class action was held between November 6, 2023 and December 8, 2023. Closing arguments were made on December 19, 2023. The judge’s decision is now on reserve. We will post an update to this page when her decision is released.

This is a reminder that the claims process in this settlement is now open and class members can submit claims for compensation.    The Initial Claims Deadline is February 27, 2024. We strongly encourage all class members to submit their claims before then. More information can be found in the attached notice, at www.mnp.ca/apachesettlement, or by

The appeal from the dismissal of the plaintiff’s certification motion will be heard by the Court of Appeal for Ontario on June 11, 2024. The defendants have brought a motion to “quash” part of the appeal. Their motion will be heard in advance of the appeal, on March 26, 2024.

We are writing to report on a number of aspects of the Metroland Proposal proceedings. Court Approves the Third Amended Proposal As you are probably aware from media reports, Metroland’s Proposal in Bankruptcy was approved by the court in a decision released on January 24, 2024. The Endorsement of the Court and the court order

The deadline to object to or opt-out of the settlement has been extended to February 12, 2024. A copy of the Opt-Out Form and Objection Form can be found in the Documents section.

The Divisional Court dismissed the Plaintiffs’ appeal from Justice Belobaba’s dismissal of the certification motion. A copy of the Divisional Court’s decision is available here

The appeal has been scheduled for June 12, 2024, in Toronto.  Additional details will be posted here closer to that date.

We are pleased to advise that the Federal Court has approved the settlement of this action. The Court’s Order will not become effective until March 18, 2024. Class Members who currently receive payments directly from Veterans Affairs Canada will automatically receive their settlement compensation later this year. For estates and other Class Members and their

The plaintiffs were successful in their appeal. A copy of the Court of Appeal’s decision can be found here.

MDC Storytelling Initiative Virtual Consultation on February 7, 2024 When: February 7, 2024, at 1-2 p.m. CST (2-3 p.m. EST). Where: The session will be virtually hosted over Microsoft Teams. You can join by clicking on this address here. Have your say: Send your comments about the proposal to Class Counsel by February 7, 2024

REMINDER: Funds are available to Class Members for counselling during the claims process Class Members who make claims in the Manitoba Developmental Centre class action settlement can get access to funding of up to $1,500.00 (including taxes) per Claimant for counselling, psychological, or psychiatric care arising from any traumatization they experience as a result of

Wage Earner Protection Program Application – deadline is Friday, February 2, 2024 On December 8, 2023, CIBC, a secured creditor in these proceedings, appointed Grant Thornton Limited as a receiver over certain assets of Metroland. A copy of the receiver appointment is attached here. In our view, this receivership makes the Wage Earner Protection Program

We are writing to provide an update on the Metroland Proceedings since the Third Amended Proposal was accepted at the Meeting of Creditors on December 11, 2023. Former Employees May Apply for a Payment under the Wage Earner Protection Program In addition to its role as Proposal Trustee, Grant Thornton Limited was appointed as a

The Approval Hearing took place as scheduled on December 18, 2023. Justice Kane has reserved her decision on the settlement approval. Once a decision is made, more information will be made available at: www.vetspensionerror.ca.

We are writing to encourage class members who have not yet submitted applications under the Canadian Thalidomide Survivors Support Program (CTSSP) to submit an application, and to do so as soon as possible given the upcoming June 3, 2024 deadline for submitting applications. Information about the application process can be found on the CTSSP website

On November 28, 2023, Justice Michel Pinsonnault of the Québec Superior Court (Commercial Division) granted the motion brought by the Wabush and Bloom Lake CCAA Parties to extend the Stay Period until the CCAA Proceedings are terminated and the Monitor is discharged. The CCAA Proceedings are expected to terminate in the future after a third

Class Members wishing to observe the Settlement Approval Hearing may use the following link to register for the public videoconference. Please note, this link is for observation only and will not permit observers to speak at the hearing: https://cas-satj.zoom.us/webinar/register/WN_A4t4s-DhQSeM_Y75GLG9dA

Canada sought leave to appeal to the Supreme Court of Canada from the judgment of the Federal Court of Appeal. The Supreme Court dismissed Canada’s application. The certification decision is now final. A copy of the SCC’s refusal to provide leave to appeal is available here.

We are pleased to announce that on December 8, 2023, the Ontario Superior Court of Justice certified the action as a class action. A copy of the certification decision can be found in the Documents section.

A Meeting of Creditors was held today to consider the Revised Proposal in Bankruptcy of Metroland Media Group Ltd. (“Metroland”). Koskie Minsky LLP is the court-appointed Representative Counsel to the non-unionized employees and voted in favour of the revised Proposal. The Proposal Trustee reported that the requisite double-majority of creditor votes was achieved, and the

On December 10, 2023, from 3 P.M. ET to 5 P.M. ET, Koskie Minsky LLP will host a virtual information session for non-unionized employees and retirees in advance of the upcoming Meeting of Creditors scheduled for December 11. In the session, Representative Counsel will review the claims of the non-union employees and retirees and provide

We are pleased to report that by the Order of Justice Barbara Conway of the Ontario Superior Court of Justice (Commercial List) dated December 7, 2023, our firm has been appointed as Representative Counsel to non-unionized Metroland retirees whose entitlement to post-retirement benefits were terminated on September 30, 2023. If you are a non-unionized Metroland

The Court of Appeal for Ontario has stayed (suspended) the order of Justice Perell approving a Section 7 Plan. The plaintiffs’ appeal from the dismissal of their certification motion will proceed. The reasons of Justice Nordheimer of the Court of Appeal are available here.

On September 30, 2023, Metroland terminated the post-retirement benefits of non-unionized employees and retirees. Although the non-union retirees have a claim for these benefits, they are not represented in the ongoing proceedings. On December 7, 2023, our firm will bring a motion to a Judge presiding over the Ontario Superior Court (Commercial List) to include

The Statement of Claim alleging breaches of the Charter was issued.

The Divisional Court heard the Plaintiffs’ appeal from Justice Belobaba’s dismissal of the certification motion.

Notice of the Settlement Approval Order is now available and can be found in the Documents section.

Metroland Media Group Ltd. – Status Report We are writing with a status report on the Metroland bankruptcy proposal, and a review of several issues we identified from the non-union employees’ perspective. 1. The calculation of the non-union employees’ claims under the initial Proposal was incorrect In the initial Proposal, the Proposal Trustee (Grant Thornton

Justice Perell issued a decision on phase one of the certification motion. He ultimately found that if class counsel can find a representative plaintiff with a claim against each one of the Manufacturer Defendants (the pharmaceutical companies who manufacture opioids and against whom this action is brought), the following causes of action will pass the

The period to make a claim for compensation under the Settlement is now open. The deadline to submit a claim is February 27, 2025. Click here to view the Notice of Class Action Settlement.

The period to make a claim for compensation under the Settlement is now open. Click here to view the Notice of Class Action Settlement. The only way to receive money from the Settlement is to submit a completed Claim Form and all supporting documentation to the Claims Administrator no later than February 27, 2025. Click

We are pleased to announce that we have reached a proposed Settlement Agreement with the Defendant. This proposed settlement is subject to court approval. More information is in the signed Settlement Agreement. We will provide further updates in the coming days.

The Claims Period is now open. To learn more about how to make a claim, please visit: https://www.ralphroweclassaction.ca/ If you are a class member and you have questions about the claims process, we are here to help, please contact us.

The plaintiffs await the Court of Appeal’s decision, which remains under reserve.

We have received many documents and agreements from employees that relate to the amounts owing to them from Metroland. However, we are still missing information and do not have a complete set of documents that are required to determine all the components of the employee claims. We sent the following list to the company and

We are pleased to report that our effort to adjourn the creditors meeting scheduled for today, in order to allow the WEPPA application to the court to proceed first was achieved today. The Proposal Trustee (Grant Thornton Limited) called the First Meeting of Creditors to order and at our request, and that of the union,

On February 3, 2023, Justice Perell dismissed the plaintiffs’ motion to certify this proceeding as a class action and invited the plaintiffs to move for the approval of an Individual Issues Protocol. The plaintiffs did so. However, the Section 7 Plan approved by Justice Perell on October 30, 2023 differs greatly from the Individual Issues

We are writing with a status report on the Metroland bankruptcy proposal since our appointment as Representative Counsel to the non-union terminated Metroland employees on October 13, 2023. As you know, on September 15, 2023, over 600 Metroland union and non-union employees were terminated en masse without being paid any severance pay and other amounts

The Parties have entered into a Final Settlement Agreement dated November 8, 2023. The Final Settlement Agreement requires the approval of the Federal Court. A hearing will be held on December 18, 2023 in accordance with the Notice previously published, below.

Request for Email Addresses Our firm will be contacting each non-union terminated employee with respect to their claims shortly. Communication from our firm will be provided by both, electronic and postal mail. Although we have email addresses for some non-union employees, we are missing email addresses for many individuals. Please ensure our firm has your

The New Brunswick Court of King’s Bench has approved the settlement agreement on October 26, 2023. You are a Class Member if you meet one of the following definitions: All persons who were admitted to or resided at the RHC between May 24, 2004, and October 1, 2021, and who were alive as of May

Parties conducting cross-examinations on affidavits filed on certification motion. Class Counsel will advise when a hearing date has been set for the certification motion.

After hearing the plaintiffs’ motion for an Individual Issues Protocol on August 29, September 13 and 27, and October 13 and 30, 2023, Justice Perell ordered the approval of a Section 7 Plan. The Section 7 Plan order is available here.

We are pleased to share that Justice Warkentin of the Ontario Superior Court of Justice approved the Settlement Agreement in this case following a hearing on October 27, 2023. Further information regarding the claims process will be posted to this website and to https://www.ralphroweclassaction.ca/ in the coming days and weeks.

We are pleased to report that the Alberta Court of King’s Bench has approved the Settlement Agreement between the Plaintiffs and the Defendants in this proceeding. A copy of the Settlement Approval Order can be found here. Formal notice of the settlement approval will be issued in due course. The notice will provide further information

On October 25, 2023, from 10:00 A.M. ET to 12:00 P.M. ET, Koskie Minsky LLP will host a virtual information session on the bankruptcy proposal proceeding of Metroland for former non-union employees. The session will review the Proposal of the Proposal Trustee, its impact on the claims of non-union employees, and the upcoming Meeting of

A settlement has been reached with the following defendants totalling CDN$5.25 million: Cermaq Canada Ltd., Cermaq Group AS, Cermaq Norway AS, and Cermaq US LLC; Grieg Seafood ASA, Grieg Seafood BC Ltd., Grieg Seafood Sales North America Incorporated (formerly known as Ocean Quality North America Inc.), Grieg Seafood Sales Premium Brands, Inc. (formerly known as

As per the Bankruptcy and Insolvency Act, The Proposal Trustee, Grant Thornton Limited, filed a proposal (the “Proposal”) with the Official Receiver. The Proposal outlines the assets and liabilities of Metroland and provides a list of creditors affected by the bankruptcy proposal proceeding. KM, as representative counsel to all non-union terminated Metroland employee, is reviewing

The Government of Canada has agreed to settle a certified class action involving the underpayment of certain disability pension benefits administered by Veterans Affairs Canada (VAC) and payable to certain members and former members of the Canadian Armed Forces and the Royal Canadian Mounted Police and their survivors. The Short Form Notice of the Settlement

As per the judge’s December 12 file direction phase one of the certification motion was heard at the Ontario Superior Court of Justice. At this hearing, the judge considered whether the remedies that the plaintiff seeks are available in law and considered the preliminary motions brought by the defendants to dismiss this action.

We are pleased to report that by Order of Justice Peter Osborne of the Ontario Superior Court of Justice (Commercial List) dated October 13, 2023, our firm has been appointed as Representative Counsel to all the non-union terminated employees in the bankruptcy proposal proceeding of Metroland. We understand that Metroland will be presenting a Proposal

The Federal Court conditionally certified this class action for settlement purposes and approved the notice of certification and settlement approval hearing. A copy of the Court Order can be found here

Claims Assistance Session in Winnipeg on October 24, 2023 Class Counsel will be hosting a drop-in claims assistance session at 120 Maryland St. in Winnipeg to assist Class Members and their representatives with any issues they may have in filling and submitting their claim forms in the Manitoba Developmental Centre Class Action. This is a

Members of the surplus sharing group for the Non-Core Plans (the Stelpipe Hourly Plan, the Stelpipe Salaried Plan, and the Welland Salaried Plan) should have received a letter from Stelco (sent jointly on behalf of Stelco and Koskie Minsky LLP) appending a Full and Final Release, and forms by which members of the surplus sharing

We are pleased to announce that the class action in Lindhout et al. v. Hill’s Pet Nutrition Inc. et al., has been certified for settlement purposes on behalf of individuals who purchased certain Hill’s products that allegedly contained excessively high levels of vitamin D and the Settlement has been approved by the Ontario Superior Court

The judge issued an order approving the Litigation Funding Agreement in this class action, following revisions to the original draft agreement by both parties. This is an agreement that allows for a third party to provide funding for the litigation in the class action.

On September 25, 2023, we and the Bell Canada lawyers attended a case management conference with the class action judge for this proposed class action. At the conference, the judge scheduled the motion to certify the action as a class proceeding for March 26, 2024.

We are pleased to share that on Friday, September 22, 2023, the Ontario Superior Court of Justice approved the claims protocol for this case. You can read a copy of the Court’s decision here. More information regarding next steps will be posted on this page and at https://www.ontarioadministrativesegregation.ca/ in the coming weeks.

The Court hearing for approval of the Proposed Protocol will take place over Zoom on September 22, 2023. The hearing will start at 10:00 a.m. (Eastern Time) and can be accessed through this link: https://ca01web.zoom.us/j/66550621313?pwd=U25pOXF1RGtIaDBrOGlRMWs5THZjZz09

The Settlement Approval hearing will be taking place on September 21, 2023 at 10:00 a.m. in Courtroom 5 at 130 Queen St W in Toronto, ON.

Ontario has sought leave to appeal to the Supreme Court of Canada from the Court of Appeal for Ontario’s decision allowing our appeal. That application was completed and filed with the Supreme Court of Canada on September 7, 2023. We expect that it will be approximately four to six months until the Supreme Court of

Class Counsel and the Administrator have received inquiries from class members about what they can expect to recover from the Settlement.  Given that compensation available to individual class members from the Settlement Fund will be distributed on a pro-rata basis based on the total number of restricted share units and performance awards (“Units”) for the

A proposed settlement has been reached with the Defendants.  The proposed settlement provides a fund of USD $7m (less approved legal fees, costs and expenses) for compensating class members. The proposed settlement must be approved by the Court in order to be enforceable.  There will be a court hearing on October 24, 2023 in Calgary

On September 22, 2023, we will be asking the Court to approve a protocol for Class Members to make claims for compensation. A copy of the Proposed Protocol can be viewed here. If you previously reviewed the version of the Proposed Protocol which was posted in the summer of 2022, please note that the parties

Funds are available to Class Members for counselling during the claims process Class Members who make claims in the Manitoba Developmental Centre class action settlement can get access to funding of up to $1,500.00 (including taxes) per Claimant for counselling, psychological, or psychiatric care arising from any traumatization they experience as a result of making

In accordance with the Settlement Agreement approved by the Court on May 25, 2023, Manitoba has agreed to pay $50,000 for the creation of audiovisual productions about the history of the Manitoba Developmental Centre and the stories of the people who have lived there. On behalf of MDC survivors, Class Counsel is seeking proposals from

Pursuant to the Order of the Chief Justice of the Federal Court of Canada, this matter has been scheduled to proceed to trial from November 4-18, 2024. The parties continue to pursue documentary discovery ahead of the trial.

Getting help completing your Claim The claims process in the Manitoba Developmental Centre class action settlement was designed to be simple and user-friendly. Class Members and/or Substitute Decision Makers are encouraged to complete their claims on their own with the assistance and privacy of their support networks. Class Counsel is here to help.  Class Counsel

On July 24, 2023, Bell Canada advised us that it had developed an “action plan” to reimburse the retirees who have been underpaid by the 1998 COLA Error. Bell Canada said that the federal pension regulator, the Office of the Superintendent of Financial Institutions (“OSFI”) “does not object” to its action plan. Neither the retirees

The Certification Motion was heard by Justice Grace in London, Ontario on March 28-30, 2023. The Court reserved its decision, and as such, the parties are still awaiting a decision.

This update does not apply to you if you did not receive a notification from the administrator with a request to correct an “identified deficiency”. This update is for all eligible claimants in the Federal Prisoner Mental Health Class Action who: Submitted a claim to the claims administrator on or before November 7, 2022; and

This update does not apply to you if you did not receive a notification from the administrator with a request to correct an “identified deficiency”. This update is for all eligible claimants in the Federal Solitary Confinement Class Action who: Submitted a claim to the claims administrator on or before November 7, 2022; and Were

On June 19, 2023, the Divisional Court dismissed our appeal from the decision not to certify this case as a class action. A dissenting Divisional Court judge decided some issues in our favour, and would have granted the appeal. We will be asking the Ontario Court of Appeal for permission to bring a further appeal.

The Plaintiffs have filed a Notice of Appeal to the Court of Appeal for Ontario and this Notice can be viewed here.

The hearing for approval of the Proposed Settlement Agreement and Proposed Protocol has been scheduled for September 22, 2023. More details will be available later this summer.

The Plaintiffs have filed a Notice of Appeal to the Court of Appeal from Ontario from the decision of Justice Penny, dated June 5, 2023. The appeal remains to be scheduled.

We are pleased to advise that the parties have reached a proposed settlement agreement in this class action. There will be a hearing on September 25, 2023 for the court to determine whether to approve the settlement or not. Further details about the proposed settlement agreement and information about your options can be found on

The parties attended three days of mediation on June 20, 21, and 26. The parties plan to schedule a further mediation date to continue settlement discussions. Please note that Koskie Minsky is not able to comment on the positions taken by the parties at the ongoing mediation, as this information is subject to legal privilege.

The proposed Settlement has now been approved by the Court.  Class members can now make claims for compensation.  All Claims must be submitted by June 27, 2024. More information on the Settlement and how to make a claim can be found in the Publication Notice of Approval, the Long Form Notice of Approval or by

On June 19, 2023, the Divisional Court dismissed the appeal (two out of three Divisional Court judges upheld the dismissal of our certification motion). One dissenting judge would have overturned certain aspects of the lower court’s decision. A copy of the Divisional Court’s decision can be viewed here. We will be asking the Ontario Court

We are pleased to advise that we have reached an Agreement in Principle to settle this class action. We believe that this agreement is fair, reasonable and in the best interests of the class members in this important action. We are currently unable to provide full details of the agreement because certain terms remain subject

Justice Penny released his decision on the common issue trial, ruling in favour of the Defendants on two out of three certified common issues and declining to address the third. Please see the complete Reasons for Decision posted in the Documents section of this webpage. The Plaintiffs intend to appeal.

The plaintiffs have made a motion to Justice Perell to approve their proposed Individual Issues Protocol. A copy of the plaintiffs’ motion record is available here. The protocol described in the motion record will not become available to players unless it is approved by Justice Perell. Justice Perell will hear this motion on August 29,

The parties reached a proposed settlement in this action. A settlement approval hearing is scheduled to be heard on September 21, 2023. Further information about the settlement agreement and the benefits available under the terms of the settlement can be found in this Notice. Other key documents such as the Settlement Agreement as well as Participation

For those who were unable to view the Premier of Manitoba’s historic apology live, the apology can be viewed at the following link: https://video.isilive.ca/play/legassemblyofmb/uploads/2023-06-01-chambers-pm.mp4 .  The apology runs between 1:46:30 to 1:53:54 of the video.

For those unable to attend the Legislative Assembly on Thursday, June 1, 2023 at 2:45pm CT for Manitoba’s apology, we have been advised that a live broadcast of the session can be found at  the following link:  https://www.gov.mb.ca/legislature/business/house_broadcasts.html We hope you will be able to attend or view the apology tomorrow.

Late this afternoon, Manitoba informed Class Counsel that it intends on providing the apology to the Class pursuant to the Settlement in the Legislative Assembly on THURSDAY, JUNE 1 at 2:45pm CT. We have been provided with the following additional details about attendance at the Legislative Assembly for the apology: “persons can arrive to the

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 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.

Hearing scheduled before the Court of Appeal, to request that the Order dismissing the plaintiffs’ motion to amend pleadings and add new defendants be set aside

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.

Justice Glustein of the Ontario Superior Court of Justice has approved an updated trial timetable for this class action.

Justice Glustein of the Ontario Superior Court of Justice has approved an updated trial timetable for this class action.

The Federal Court of Appeal has dismissed Canada’s appeal from the Federal Court’s certification decision and has decided that the lawsuit should proceed as a class action. A copy of the Federal Court of Appeal’s Decision upholding certification is available here.

Justice Perell of the Ontario Superior Court of Justice has ruled in favour of the Plaintiff and the Class Members following a dispute with the Government of Ontario concerning the interpretation of the Settlement Agreement. Justice Perell’s decision means that the Claims Administrator and Claims Adjudicator will award compensation to a Claimant for all placements

We are pleased to report that a proposed settlement has been reached between the Plaintiff and the Defendant in this proceeding (the “Settlement” or “Proposed Settlement”). The parties will propose the Settlement to the Court for its approval.  For the Settlement to be approved and implemented, the Court must be satisfied that it is fair,

On December 12, 2022, Nissan filed an application for leave to appeal the British Columbia Court of Appeal’s decision to the Supreme Court of Canada. The plaintiff has filed a response to the application for leave to appeal.

The hearing scheduled for the week of February 28, 2023 has been adjourned to April 6, 2023 due to scheduling issues. We will post an update to this page following the April 6, 2023 hearing.

The Manitoba Court of King’s Bench has approved the Settlement in oral reasons given by Justice Edmond. Additional details about how to file a claim will be made available shortly.

The Settlement approval hearing will be held before the Court of King’s Bench on Friday, March 3, 2023. The hearing is scheduled to commence at 10:00 am at the Courthouse located at 408 York Avenue, Winnipeg, Manitoba R3C 0P9.

The Financial Services Regulatory Authority of Ontario (“FSRA”) has approved the Surplus Applications filed for each of the Non-Core Plans (the Stelpipe Hourly Plan, the Stelpipe Salaried Plan, and the Welland Salaried Plan) in respect of the Surplus Sharing Agreements. The parties are now working on a notice and distribution process. We have also retained

Justice Belobaba dismissed the Plaintiffs’ motion for certification on January 20, 2022. A copy of the decision is available here. The plaintiff’s appeal is scheduled to be heard by the Divisional Court in December 2023.

The period for class members to opt out of this action has now closed.

With the assistance of a case management judge of the Federal Court, the parties are discussing the next steps of this case, which may include discoveries, a trial, or an alternative resolution.

Pursuant to the direction of Associate Judge Horne, the parties are working to complete discovery through the summer of 2023. A case management conference is scheduled for late June 2023, at which time the parties will provide an update to the Court and establish a timeline to the common issues trial.

Class Counsel is aware that the Government of Canada, the FNI and the Qalipu Mi’kmaq First Nation have entered into an agreement to establish criteria for accepting former and current members of the CAF and the RCMP as Qalipu Founding Members, and that the application process has begun and has a deadline of March 17,

Justice Perell released his decision on the motions heard in November 2022. Justice Perell found that the court could assume jurisdiction over each of the teams and leagues. While Justice Perell accepted the plaintiffs’ evidence that “bullying, harassment, hazing, and criminal conduct” were “pervasive” among the teams of the CHL, he dismissed the motion for

Justice Belobaba dismissed the Plaintiffs’ motion for certification on January 20, 2022. A copy of the decision is available here.

Court adjourned summary judgment motion to allow parties an opportunity to engage in settlement negotiations.

On December 12, 2022, the judge issued a file direction bifurcating the certification motion. This means that the judge will hear the certification motion in two phases. In the first phase, the judge will consider if the remedies that the plaintiff seeks from the defendants are available in law. In the second phase, the plaintiff

The Court has made a decision respecting late claims, which can be found here. The Court has decided that the Administrator shall accept late claims submitted after the final claims deadline of January 23, 2022, if the claimant establishes: (1) a continuing intention to pursue the matter; (2) the claim has some merit; (3) no prejudice

The Court has made a decision respecting late claims, which can be found here. The Court has decided that the Administrator shall accept late claims submitted after the final claims deadline of January 23, 2022, if the claimant establishes: (1) a continuing intention to pursue the matter; (2) the claim has some merit; (3) no

A three-day mediation with the Defendant before a retired judge is scheduled via Zoom for late June 2023.

The parties will be returning to mediation in the coming months. We will be seeking agreement to a claims process for Class Members in this case. In addition, the Court has adjourned the hearing previously scheduled for May 24, 2023. This adjournment was ordered by the Court on its own initiative and was not requested

The Ontario Superior Court of Justice approved the Settlement Agreement between the representative Plaintiff and Ticketmaster on December 15, 2022. A copy of the Court’s endorsement can be found in the Documents section of this page

On December 14-16, 2022, the parties are participating in a dispute resolution conference, assisted by the Honourable Justice Bock, for the purpose of exploring a potential settlement in this action. The discoveries process is ongoing. Examinations of the Plaintiff were completed on November 16-18, 2022. The Plaintiff and Defendant must answer outstanding questions on interrogatories and

The parties have reached a Settlement Agreement in this class action. The Settlement provides compensation and benefits to Class Members valued at approximately $1.2 million, paid by the Government of Manitoba, which includes: compensation for distress, compensation for additional information being disclosed, and compensation for enrolment in a credit monitoring program protecting against identity theft

The period to make a claim for compensation under the Settlement is now open.  Click here to view the Notice of Class Action Settlement. The only way to receive money from the Settlement is to submit a completed Claim Form and all supporting documentation to the Claims Administrator no later than December 14, 2023. Click here

TD consented to the Plaintiff’s certification motion. A copy of the Court’s certification order is available here.

The Zoom Details for the Settlement Approval Hearing are set out below: https://ca01web.zoom.us/j/67379418271?pwd=cVF5dVhFbFpwajAxMVF4VW0xOTF5QT09 Meeting ID: 673 7941 8271 Passcode: 701588 One tap mobile +16132093054,,67379418271#,,,,*701588# Canada +16473744685,,67379418271#,,,,*701588# Canada Dial by your location +1 613 209 3054 Canada +1 647 374 4685 Canada +1 647 558 0588 Canada +1 778 907 2071 Canada +1 204 272 7920

The Alberta Court of Appeal has released its decision on the Appeal of the Certification of the lower Court. The Alberta Court of Appeal upheld the lower court’s decision to certify the action. A copy of the decision can be found in the Documents section. Further information on next steps will be posted on the

The Parties have scheduled an initial case conference for December 16, 2022.

The Notice Program for certification of this case has begun. For more information about certification in this case and to view the Court-approved notices, visit: https://manitobasegregationclassaction.ca/ If you want to remove yourself from the class action – also called “opting out” – you must submit an Opt-Out Form by February 16, 2023. The Opt-Out Form

The settlement was approved and the judge’s reasons can be found here.

The motion to approve the settlement will be heard on November 14, 2022, at 1815 Upper Water Street, Halifax.

The claims period closed on November 7, 2022. No further Claim Forms will be accepted. If you submitted a claim, it is your responsibility to ensure that the Administrator has the correct mailing address on file, for delivering important correspondence and any future payments. To update your address, you must contact the Administrator immediately.

The claims period closed on November 7, 2022. No further Claim Forms will be accepted. If you submitted a claim, it is your responsibility to ensure that the Administrator has the correct mailing address on file, for delivering important correspondence and any future payments. To update your address, you must contact the Administrator immediately. 

The parties appeared before Madam Associate Justice Molgat for a Case Management Conference on November 9, 2022. The Plaintiff re-iterated its request for a Dispute Resolution Conference (i.e. Court-assisted mediation) to be scheduled. The AGC and FNI refused this request. The Court determined that this request will be re-visited again once the process for examinations

The Defendants’ appeal of the Certification Order was heard by the Alberta Court of Appeal on November 1, 2022. Upon conclusion of the hearing, the Court reserved its judgment (i.e., the Court did not issue a decision immediately on the bench). A copy of the Court of Appeal’s decision will be posted on Class Counsel’s

Class counsel completed one day of mediation with one of the Defendants. The mediation is continuing.

The parties continue to engage in discoveries. A Case Management Conference was held on October 7, 2022, and Justice Grammond directed a timetable for the tasks to be completed in order to conclude discoveries. Oral examinations for discovery of the Defendant were completed on March 3, 2022, and the Defendant gave many undertakings during the

The Nova Scotia Supreme Court has set a timetable for certification motion for this case. The certification motion will be heard by the Nova Scotia Supreme Court on June 19-20, 2024.

The appeal of the certification order will be heard on November 1, 2022 at 10 a.m. MDT . The virtual hearing can be accessed through the link here.

Our appeal from the Superior Court’s decision to deny certification has been scheduled for May 10, 2023. We will be asking the Divisional Court to overturn the Superior Court’s decision so that this case can move forward.

The British Columbia Court of Appeal upheld the decision to certify the action as a class proceeding. The appeal decision can be found here.

Justice Akbarali has been assigned to case manage this action.

Justice Akbarali has been assigned to case manage this action.

The trial of this class action has been rescheduled by the Federal Court. The trial will now take place from November 6, 2023 to December 8, 2023.

The motion for certification was heard by Justice Belobaba on September 26 and 27, 2022. The decision remains under reserve.

We are pleased to advise that there is a proposed settlement in this matter. The settlement is subject to Court Approval. A hearing for the approval of the Settlement will be heard by the Ontario Superior Court of Justice on December 15, 2022 at 10:00 a.m. via Zoom (call-in details will be provided at a

The action commenced. The Statement of Claim is available in the Documents section.

The panel of the Court of Appeal for Ontario that will hear the Plaintiff’s Certification appeal on September 22, 2022 will be composed of Justices Doherty, Zarnett and Coroza. To view the appeal hearing through Zoom, please use the link in the update below, posted on September 9, 2022.

The Court hearing to establish a claims process for Class Members has been rescheduled to May 24, 2023. Once a claims process has been established, Class Members will be able to make claims for compensation.

On Thursday September 22, at 10am EDT, the Court of Appeal for Ontario will hear the Plaintiff’s Certification appeal. The Plaintiff is appealing from the Divisional Court’s decision overturning the lower court decision that certified this action as a class proceeding. Due to ongoing restrictions related to Covid-19, it is not possible for most people

We are pleased to advise that there is a proposed settlement in this matter. The settlement is subject to Court Approval. You can view a copy of the Proposed Settlement Agreement here. To view the Long Form Notice, click here.

The Claims Period deadline has been extended to November 7, 2022. Claims must be received by the Claims Administrator before that date in order to be processed. Class members who do not file a Claim Form before the deadline will not be eligible for any compensation. To view the Claim Form, click here.

The Claims Period deadline has been extended to November 7, 2022. Claims must be received by the Claims Administrator before that date in order to be processed. Class members who do not file a Claim Form before the deadline will not be eligible for any compensation. To view the Claim Form, click here

Please see the revised Short Form Notice and Long Form Notice regarding these actions. The parties have reached a proposed Settlement Agreement in the Post-2018 class action, and a proposed Protocol for both actions, and both are described in these Notices. If you are a member of either Class, and you object to the Protocol,

A Statement of Claim has been issued in this case.

A Statement of Claim has been issued in this case.

The claims period for the Settlement Agreement in this case ended on August 26, 2022. It is no longer possible to submit a new claim. If you submitted a claim before the deadline and have been asked by the Claims Administrator to provide additional information, make sure you provide this information by the date provided

The Court hearing regarding the claims process has been adjourned. We will update this page as soon as a new hearing date for the motion has been set.

Agreement on the use of the Algorithm result at Step 2 of the CTSSP We are pleased to report that we have finalized an agreement with Canada that provides that all applications that obtained any result from the algorithm employed at Step 2 of the CTSSP application process will now proceed to be reviewed by

On August 24, 2021, Class Counsel submitted a targeted discovery request, asking the Province of British Columbia to provide documents that will help to prove the claims in this action. As of August 8, 2022, we have received most of the documents requested and are in the process of reviewing them.

The August 11, 2022 hearing date has been adjourned to a date to be determined in the near future.

The deadline to opt out of this class action has passed on August 8, 2022.

The court released its decision dismissing the class action and granting judgment to the Defendant. The decision can be found here. If you have questions about this decision you may contact us at 1-833-630-1777 or sjfloodclassaction@kmlaw.ca

There is now just one month left to submit your claim for compensation under the Ontario Youth Segregation Class Action Settlement. Under the Settlement, class members may be entitled to compensation of up to $1000 – $40,000 for each qualifying placement in youth segregation at a youth justice facility between April 1, 2004 and December

Justice Akbarali has been assigned to case manage this action.

The objection deadline for both Classes, and opt out deadline for the Post-2018 Class, have now passed.

On July 15, 2022, Justice Morgan of the Ontario Superior Court of Justice dismissed the motion to certify this action as a class proceeding. Justice Morgan’s decision is available here. We will be bringing an appeal from this decision. We remain committed to seeking justice for the members of the proposed class.

Class Counsel is aware that some class members that have proceeded to Step 3 of the CTSSP application process have been unsuccessful in their applications. If you have been denied at Step 3 of the CTSSP application process, we invite you to provide us with your Step 3 determination letters so Class Counsel may review

Perell J. issued an order dismissing the dismissal and timetables motions on the basis of the agreement reached between the parties. Based on that agreement, the parties will now move towards the hearing of the certification motion in this proceeding.

On June 29, 2022, Justice Ahmad denied The Hershey Company’s application seeking to dismiss this action against it on jurisdictional grounds. The Court’s reasons for decision are available here.

The parties reached an agreement to settle the dismissal and timetable motions, which had been due to be heard on July 5, 2022.

An Amended Fresh Amended Statement of Claim has been filed by the plaintiff.

The Statement of Claim has been issued in this case.

The motion for certification is scheduled to be heard on January 13, 2023.

The Court heard the Plaintiff’s motion to certify the action as a class proceeding on June 14-16, 2022. The judge reserved his decision following the hearing. We will share an update on this page once we receive the judge’s decision.

The Restorative Engagement program developed under this Settlement Agreement was launched on November 15, 2021, and the first class member engagement was held on April 1, 2022. The Restorative Engagement program allows class members to share their experiences, knowledge and understanding of sexual misconduct with the CAF/DND, in order to contribute to cultural change. This

The Restorative Engagement program developed under this Settlement Agreement was launched on November 15, 2021, and the first class member engagement was held on April 1, 2022. The Restorative Engagement program allows class members to share their experiences, knowledge and understanding of sexual misconduct with the CAF/DND, in order to contribute to cultural change. This

On June 8, 2022, counsel for the Plaintiffs and counsel for the Defendants appeared before Justice Morgan of the Ontario Superior Court of Justice for a case conference. Justice Morgan directed that the Plaintiffs’ motions for (1) permission to amend their statement of claim to assert additional negligence and misrepresentation claims; (2) leave to proceed

The parties are working to schedule a mediation in March-April 2023.

On May 5, 2022, Class Counsel wrote to the CTSSP to raise concerns regarding the delay in the review and recommendations by the multi-disciplinary committee of Class Member applications at Step 3 of the CTSSP. In response, the CTSSP Administrator advised that it has received all of the MDC’s recommendations, but for two that pertain

On May 10, 2022, the Justice Glustein of the Ontario Superior Court of Justice set a new timetable for the steps toward trial in this class action. At this time, the Plaintiffs and the Defendants are continuing the processes of documentary and oral discoveries.

On May 10, 2022, the Justice Glustein of the Ontario Superior Court of Justice set a new timetable for the steps toward trial in this class action. At this time, the Plaintiffs and the Defendant are continuing the processes of documentary and oral discoveries.

The Ontario Youth Confinement Class Action Settlement is open for claims. Class members have until August 26, 2022 to make a claim. Under the Settlement, class members may be entitled to compensation of up to $1000 – $40,000 for each qualifying placement in youth segregation at a youth justice facility between April 1, 2004 and

The certification hearing is scheduled to proceed starting on January 5-6, 2023.

The Plaintiff’s summary judgment motion is scheduled to be heard on January 9-12, 2023 in Ottawa. A copy of the timetable for the hearing of the motion can be found under the Documents section.

After negotiating settlements with several Defendants, the Plaintiffs have served their certification record on the remaining (non-settling) defendants and intend to schedule a hearing for their certification motion shortly.

The hearing of the motion for certification scheduled for March 24-25, 2022 was adjourned on consent of both parties. The hearing has yet to be rescheduled.

On January 17, 2022 the Court dismissed the Plaintiff’s claim for intrusion upon seclusion. We appealed this decision. This appeal has been scheduled to be heard by the Ontario Court of Appeal on Wednesday, June 8, 2022.

The litigation process is ongoing. The action is in the discovery phase. It is anticipated that this phase will be completed by the end of the year.

The Court of Appeal for Ontario will hear the Plaintiff’s certification appeal on September 22, 2022

The Court has approved Notice to all Class Members of this class action’s certification. Please review the complete Notice here. If you are a Class Member and you wish to participate in the class action, you do not need to do anything right now. If you are a Class Member, but you do not wish

The Plaintiff was successful on a motion for summary judgment brought by TD Bank. Justice Belobaba’s reasons can be found in the Documents section.

The Ontario and Quebec Courts have approved the settlements with the last four Defendants in this action. The Courts previously approved a method for disseminating the settlement funds achieved pursuant to previous settlements (the “Distribution Protocol”). The deadline to apply for settlement benefits expired on January 15, 2020. The Claims Administrator is currently processing claims.

The parties exchanged factums on the dismissal and timetable motions, which are due to be heard on July 5, 2022.

The hearing of the motion for certification has been rescheduled and will now take place from November 14 to 18, 2022. The Defendants’ cross-motion to strike the claim against certain Defendants will be heard at the same time. A copy of the File Direction rescheduling the hearing of these motions can be found in the

We are pleased to share that the Manitoba Court of Queen’s Bench has certified this action as a class proceeding. You can read the Court’s decision here. We will provide further updates in the coming days.

The Plaintiffs attended a Case Management Conference before Justice Kane on May 2, 2022

The Plaintiffs and the Defendant will be attending a case management conference on May 25, 2022. At this conference, the Plaintiffs will be seeking to schedule a hearing for their motion for (1) permission to amend their statement of claim to assert additional negligence and misrepresentation claims; (2) leave to proceed with a misrepresentation claim

The parties have negotiated a Protocol for the distribution of base-level damages to the Class, and for additional individual awards of damages. The Protocol is described in the Short Form Notice and Long Form Notice. The Court will decide whether to approve that Protocol on August 11, 2022. Please read the Short Form Notice and

The Superior Court of Justice dismissed the plaintiffs’ motion to add new parties and amend their claim to reflect allegations of spoofing the market. You can find a copy of the decision under the Documents section. The plaintiffs have appealed that decision.

The Superior Court of Justice dismissed the plaintiffs’ motion to add new parties and amend their claim to reflect allegations of spoofing the market. You can find a copy of the decision under the Documents section. The plaintiffs have appealed that decision.

The Parties have exchanged all the evidence and their written submissions in support of the certification motion. The certification motion, which was initially scheduled to be heard on April 5-7, 2022 was rescheduled by the court to March 28-30, 2023.

The Court certified this action against the Certain Underwriters at Lloyd’s Subscribing to Policy No. LNP2210 and Certain Underwriters at Lloyd’s Subscribing to Policy No. GASS 1300, on consent. The Court also dismissed the action against Certain Underwriters at Lloyd’s Subscribing to Policy No. SR040046, on consent. The Court’s Order can be found here.

The plaintiff has filed his certification motion record.

The Federal Court has issued a revised timetable for the completion of examinations for discovery in this litigation: The Crown’s representative shall be examined during the week of July 11-15, 2022. The representative plaintiff shall be examined no later than September 30, 2022. The representative of the FNI will be examined either on the week

The Plaintiff has asked the Court to make an order establishing the process for Class Members who wish to make claims for compensation within this class action. The Court hearing regarding the claims process has been scheduled for September 21, 2022. Once a claims process has been established, Class Members will be able to make

The Defendants’ Appeal of the Certification Decision will be heard via video-conference on November 1, 2022 at 10:00 a.m. The link to attend the hearing will be shared on this page closer to the date of the hearing.

The trial for this class action has been adjourned and has not yet been rescheduled. We will update this page once a new trial date has been set.

The Plaintiffs have filed their responding facta in response to the Defendants’ Appeal of the Certification Decision. A copy of the Plaintiffs’ facta can be found in the Documents section of this page. The hearing date for the Appeal will be posted on this page once it is confirmed.

Nissan appealed the certification decision. The appeal was heard on April 8, 2022. The decision was reserved and has yet to be released.

Notice of certification has been disseminated. The deadline to opt out of the class action is April 17, 2022.

The parties are currently engaging in examinations for discovery, questioning key witnesses.

The Plaintiffs are seeking to amend the statement of claim for this action to assert additional negligence and misrepresentation claims against Horizons. Under Ontario law, these amendments require either consent of the Defendants or court approval. Once an amended statement of claim has been filed, the Plaintiffs will seek to set a new date for

Mailing of T4 Slips The accounting firm we retained to assist with the tax withholding calculations for the settlement payments,  RSM Canada, mailed the T4 slips in respect of the settlement payments to all eligible former employees on February 25, 2022. If you do not receive your T4 slip soon, please contact us at 1-833-630-1787.

We are pleased to announce that the Ontario Superior Court of Justice has approved the proposed settlement agreement in this class action. A copy of Justice Belobaba’s order approving settlement is attached here. More details regarding the settlement process can be found at https://www.bluetecsettlement.ca/.

The class action has been discontinued for all current or former owners or lessees of model year 2007-2009 E320 Mercedes-Benz BlueTEC I vehicles. The notice of discontinuance is attached here. The discontinuance was approved by court order dated December 9, 2021, attached here.

A Fresh as Amended Statement of Claim has been filed by the plaintiff.

It has come to Class Counsel’s attention that the Government of Canada and the Federation of Newfoundland Indians (“FNI”) and the Qalipu Mi’kmaq First Nation are in discussions and close to reaching an agreement regarding the reconsideration of applications for active services members of the Canadian Armed Forces, the Royal Canadian Mounted Police and former

The Defendants have filed their facta in support of the Defendant’s Appeal of the Certification Decision. A copy of the Defendants’ materials can be found in the Documents Tab of this page.  The Representative Plaintiffs’ Responding materials are due in March 2022.

The motion for certification is scheduled for September 26-27, 2022. At this two-day hearing, the Court will hear arguments on why this lawsuit should be permitted to proceed as a class action.

Class Counsel have filed a claim in the CCAA claims process on behalf of all class members. The claims procedure will identify and determine all claims against Just Energy entities  and their respective directors and officers.

The order directing notice of certification was approved. A copy of the notice order can be found under Documents.

A Fresh as Amended Statement of Claim was filed with the Court, and a copy is available here.

On June 8, 2021, the Ontario Superior Court of Justice released its decision certifying the action. A copy of the decision and order can be found in the Documents section. Formal notice to the class will be provided in due course.

In 2020 the parties reached a proposed settlement in this action. In reasons for decision released on December 23, 2020, the settlement was approved by the Ontario Superior Court of Justice. The settlement was subsequently approved by the Superior Court of Quebec. The period for making a claim for compensation under the settlement is now

As a result of elevated COVID rates across the country, the trial in this class action was adjourned by the Court. It was previously scheduled to commence on January 31, 2022. It is now scheduled to commence on May 30, 2022. The trial involves witnesses from across the country, which would make it extremely challenging

On January 10, 2022 the Court of Appeal for Ontario granted the Plaintiff leave to appeal the certification decision of the Divisional Court. Once the Court of Appeal provides the parties with a date for the hearing of the appeal, we will update the website with that information. We expect the hearing date to be

The parties are currently preparing for examinations for discovery. During these examinations, key witnesses will be questioned in advance of a trial. The deadline to remove yourself from the certified Class is this week, on January 12, 2022. More information is available in the Long-Form Notice, here. If you remove yourself from the Class, you

Canada has appealed the Federal Court’s decision to certify the proceeding as a class action. The appeal is currently underway; the parties have exchanged written arguments. A further update to the website will be posted when the appeal hearing date is set. A copy of the Notice of Appeal filed by Canada and the parties’

On November 25, 2021, the New Brunswick Court of Appeal denied the Defendants’ motion for leave to appeal the New Brunswick Court of Queen’s Bench decision certifying the case as a class action. A copy of the New Brunswick Court of Appeal decision can be found in the Documents section on this page. The parties

The motion for certification will be heard June 13-17, 2022 and will be heard alongside the Defendants’ cross-motion to strike the claim against certain Defendants. A motion brought by the Plaintiffs to produce the Defendants’ insurance policies will be heard on February 15, 2022.

The hearing of the plaintiffs’ motion to certify this action as a class proceeding has been adjourned. The action remains ongoing and the certification motion will be rescheduled.

In June 2021, the Federal Court dismissed the Applicant’s motion alleging that the CTSSP Administrator and Canada breached the Settlement Agreement by failing to provide class members with reasons when they are denied at Step 2 of the CTSSP application process. The Applicant has filed a Notice of Appeal in the Federal Court of Appeal

The plaintiff has brought a motion for a timetable for certification. The plaintiff’s motion will be heard, along with the defendants motion to dismiss the proceeding, on July 5, 2022.

The Court of Queen’s Bench of Alberta has issued a final certification order. A  copy of the order can be found in the Documents tab of this page. The Defendants’ appeal of the Court of Queen’s Bench of Alberta’s certification decision is still underway. The Defendants have served their appeal record. The Defendants’ written facta

December 14, 2021: The class action was discontinued by the Ontario Superior Court of Justice

The defendants in this action filed a motion seeking to dismiss the proceeding for delay.

Koskie Minsky is pleased to advise that there is a proposed settlement in this matter. The settlement is subject to Court Approval. The Settlement Agreement can be found here, with a summary of the benefits available to class members found in the notices attached to it at Exhibits 2 and 4.

The BC Supreme Court heard the Defendant’s application to dismiss this action against The Hershey Company on jurisdictional grounds. The Court reserved its judgment on the motion.

Update: “A public apology will be offered to all current and former members of the Defence Team  who have been affected by sexual misconduct and discrimination based on sex, gender, gender identity or sexual orientation. On December 13 at 1 p.m. EST, the, Minister of National Defence, the Honourable Anita Anand, the Chief of the Defence Staff,

Update: “A public apology will be offered to all current and former members of the Defence Team  who have been affected by sexual misconduct and discrimination based on sex, gender, gender identity or sexual orientation. On December 13 at 1 p.m. EST, the, Minister of National Defence, the Honourable Anita Anand, the Chief of the Defence Staff,

We are pleased to announce that the Ontario Superior Court of Justice has approved the Settlement in this class action. The claims process is now open. The only way to receive money under the Settlement is to submit a Claim Form and all required supporting documentation to the Claims Administrator by August 26, 2022. More

This is a reminder that the claims period under this Settlement is closing today, November 24, 2021 at midnight (12am). All eligible claimants must submit their claims before the deadline in order to participate in the Settlement. The claim form, and answers to many frequently asked questions, are available at the following website: https://www.caf-dndsexualmisconductclassaction.ca/ If you feel you do

This is a reminder that the claims period under this Settlement is closing today, November 24, 2021 at midnight (12am). All eligible claimants must submit their claims before the deadline in order to participate in the Settlement. The claim form, and answers to many frequently asked questions, are available at the following website: https://www.caf-dndsexualmisconductclassaction.ca/ If you feel you do

On November 22, 2021, Stelco filed Surplus Applications for each of the Non-Core Plans (the Stelpipe Hourly Plan, the Stelpipe Salaried Plan, and the Welland Salaried Plan) with Ontario’s pension regulator, the Financial Services Regulatory Authority of Ontario (“FSRA”). These Surplus Applications included Surplus Sharing Agreements signed by Koskie Minsky LLP (“KM”) on behalf of

The claims period under this Settlement is closing on November 24, 2021. All eligible claimants must submit their claims before that date in order to participate in the Settlement. The claim form, and answers to many frequently asked questions, are available at the following website: https://www.caf-dndsexualmisconductclassaction.ca/ You must submit your Claim Form to this Administrator directly at: Email: info@caf-dndsexualmisconductclassaction.ca

The claims period under this Settlement is closing on November 24, 2021. All eligible claimants must submit their claims before that date in order to participate in the Settlement. The claim form, and answers to many frequently asked questions, are available at the following website: https://www.caf-dndsexualmisconductclassaction.ca/ You must submit your Claim Form to this Administrator directly at: Email: info@caf-dndsexualmisconductclassaction.ca

On June 29, 2021, Justice Edmond certified this action to proceed as a class proceeding. The Court-approved notice of certification to all Class members can be found here. For those wishing to exclude themselves from the Class, the Opt Out Form can be found here, and must be completed by January 7, 2022.

Uncashed distribution cheques for retirees The Monitor of Sears Canada, FTI Consulting Inc., has reported that there are a large amount of uncashed cheques that were sent to retirees as part of the first distribution to all creditors of Sears. If you are expecting a cheque, please make sure that we have your current address

The court-ordered program for notice of certification was carried out between July 2, 2021 and November 3, 2021 and has now ended.

On March 26, 2021, by a divided Court, with two judges allowing the appeal and one dissenting, the Divisional Court agreed with the Province and allowed the appeal.  The Plaintiff has applied to the Court of Appeal for Ontario for leave (or permission) to appeal that decision. We are now awaiting a decision from the Court

We are pleased to announce that the Ontario Superior Court of Justice has approved the proposed settlement agreement in this class action. A copy of Justice Perell’s decision regarding the settlement is available here. More details regarding the settlement process will be shared in the coming days and weeks.

The Court has approved notices to be distributed to Class members regarding certification of this class action, including Class Member rights and options at this stage. You can review the Long Form Notice here. You can review the Short Form Notice here. This class action is certified to proceed on behalf of the following Class Members: “all persons who resided

The Reply is available here.

On September 15, 2021, Just Energy obtained a court order extending the stay of legal proceedings against it until December 17, 2021. The trial scheduled to commence in November 2021 has been cancelled. The court has ordered that a claims process be established under the CCAA in which all parties who allege Just Energy owes

The New Brunswick Court of Queen’s Bench has certified this action as a class proceeding. Formal notice to the class will be provided in due course.

The plaintiffs filed their record for the certification motion on October 1, 2021.

Class Counsel is aware that the Government of Canada, the Federation of Newfoundland Indians (“FNI”) and the Qalipu Mi’kmaq First Nation are in the process of finalizing a new agreement that would allow for the reconsideration of applications for active service members of the Canadian Armed Forces, the Royal Canadian Mounted Police and former members

A reporting letter providing an update on the status of the settlement payments was recently mailed to eligible former employees of QMP and TAL. Please click here to view the letter.

The parties have completed examinations for discovery.

The Claims Period is now open. To receive money under the Court-ordered protocol, you must submit a Claim Form before September 7, 2022. To view the Claim Form, click here. To view videos about how to make a claim, please click on the following links: Long Form Notice  Short Form Notice. If you have any questions about how to

We are pleased to advise that the Government of Ontario has agreed to a $15 million Proposed Settlement in this class action. You can view a copy of the Proposed Settlement Agreement here. The Ontario Superior Court of Justice will be holding a virtual settlement approval hearing on October 14, 2021. The hearing will start at

The Claims Period is now open. To receive money under the Court-ordered protocol, you must submit a Claim Form before September 7, 2022. To view the Claim Form, click here. To view videos about how to make a claim, please click on the following links: Long Form Notice  Short Form Notice. If you have any questions about how to

On August 20, 2021, Justice Belobaba partially certified this action as a class proceeding, against all Defendants except for the Lloyd’s Defendants, on three “Common Issues”. The Common Issues concern how “physical loss or damage” language in business interruption insurance policies should be interpreted. The Plaintiffs will now proceed to trial on behalf of the

The Claims Period is expected to open on or around Tuesday, September 7, 2021. Once the Claims Period opens, class members will be able to submit a Claim Form, which is found on the Administrator’s website. Other documents and answers to frequently asked questions will also be found on the Administrator’s website. If you have any questions

The Claims Period is expected to open on or around Tuesday, September 7, 2021. Once the Claims Period opens, class members will be able to submit a Claim Form, which is found on the Administrator’s website. Other documents and answers to frequently asked questions will also be found on the Administrator’s website. If you have any questions

Settlements have been reached with the following defendants, totalling approximately $23.8 million: Toronto Dominion Bank, TD Bank, N.A., TD Group Holdings, LLC, TD Bank USA, N.A., and TD Securities Limited (CDN$4,500,000); Royal Bank of Canada and RBC Capital Markets LLC (CDN$6,556,000); Credit Suisse Group AG, Credit Suisse Securities (USA) LLC, Credit Suisse AG, Credit Suisse

As previously reported, the Monitor has brought a motion for the winding up and dissolution of Twin Falls, which was originally scheduled for August 6, 2021. Subsequently, Twin Falls brought a motion to dismiss the Monitor’s motion, on the basis that the Superior Court of Quebec should decline jurisdiction to hear the motion in favour

The certification hearing concluded on April 26, 2021. The Court has not yet released a decision. We will post the decision here on our website once it is released.

The Defendants have filed notices of appeal to appeal the certification decision. A copy of the notices of appeal can be found in the Documents section of this page.

We are pleased to announce that we have crossed the necessary member support threshold for the sharing of surplus in the Stelpipe Salaried Plan, Stelpipe Hourly Plan and Welland Salaried Plan. Now that the necessary votes have been obtained, the next step is to apply for approval from Ontario’s Financial Services Regulatory Authority. We are

The Statement of Defence is available here.

The program for notice of certification has commenced. A copy of the Long form notice is available here. To opt out of this class action, you must submit an Opt Out Form no later than October 28, 2021. A copy of the Opt Out Form is available here.

The Court approved the implementation plan proposed by counsel, including a retroactive payment to all class members and future entitlements, as well as the ancillary motions for approval of legal fees and other matters. The Court’s Reasons for Decision are available here. You do not need to take any steps to receive your payments. The retroactive,

We are pleased to report that the Court approved payment for the settlement of the Trust Claims that we advanced on behalf of the Owner/Operators regarding the amounts held in Hyndman’s maintenance fees and escrow/reimbursement accounts. The Trust Claims were settled for 50%.  Eligible Owner/Operators will be receiving a payment under this settlement shortly. Subject

The Claim Form will be available when the Claims Period opens, which is now expected to be before the end of August 2021, due to administrative delays. As soon as the exact date is known, this website will be updated.

The Claim Form will be available when the Claims Period opens, which is now expected to be before the end of August 2021, due to administrative delays. As soon as the exact date is known, this website will be updated.

The parties have received extensive documentary disclosure and oral discoveries are scheduled for September, 2021.

The Alberta Court of Queen’s Bench has released its decision certifying the action. A copy of the decision can be found in the Documents section. Formal notice to the class will be provided in due course.

The program for notice of certification has commenced. A copy of the notice of certification is available here. To opt out of this class action, you must submit an Opt Out Form by November 3, 2021. A copy of the Opt Out Form is available here.

Further to the Notice sent to all Class Members pursuant to the May 9th, 2021 Order of Justice Morgan, the Plaintiff’s Motion Materials for the July 9th hearing are available here: Plaintiff’s Factum Motion Record, Vol. 1 Motion Record, Vol. 2 Motion Record, Vol. 3 Motion Record, Vol. 4 Motion Record, Vol. 5 Plaintiff’s Book

This matter has been certified by the Federal Court. A copy of McVeigh’s Order and Reasons can be found under the Documents section on this page.

The Plaintiffs’ certification motion is scheduled to be heard on February 14-18, 2022. A copy of the timetable for the hearing of the motion can be found under the Documents section.

A settlement between the Federal Government of Canada (“Canada”) and Bruce Wenham of Toronto, Ontario (the “Representative Applicant”) has been approved by the Federal Court and is now final. Please click here to view the Notice and click here to view the Revocation Form.

On June 14, 2021, the Court approved the final Protocol and certain Notices and Forms to be used during the claims period. The Court’s Reasons are available here. When the claims period begins, a claim form will be available on this website.

On June 14, 2021, the Court approved the final Protocol and certain Notices and Forms to be used during the claims period. The Court’s Reasons are available here. When the claims period begins, a claim form will be available on this website.

The Supreme Court of Canada today dismissed the application brought by four class members for leave to appeal the Federal Court of Appeal’s decision denying leave to appeal the settlement approval. As all appeal periods under the settlement agreement have now passed, the settlement is now final and implementation of the settlement will begin. Notice

The Federal Court of Canada has certified this action as a class proceeding. A copy of the Federal Court’s Reasons for Decision is attached here.

The parties have now completed the discovery phase and the trial is set to begin on November 15, 2021.

The Statement of Claim for this proposed class action has been issued by the Manitoba Court of Queen’s Bench.

Further to the CCAA parties’ stay extension motion that proceeded before the Superior Court of Québec on May 21, 2021, the stay of proceedings has now been extended to November 30, 2021. Please click here to view the court order. The motion for an expansion of the Monitor’s powers, to allow it to obtain additional information

The Plaintiff’s motion regarding breach of the Settlement Agreement will be heard by the Federal Court on Friday, June 4, 2021. The hearing will begin at 9:30 a.m. E.S.T via video-conference. Please make sure to check back before June 4, as the motion date/time can be subject to change. The hearing is open to the public. However, the Federal

The Notice Program for certification of the case has begun. To read the long form notice, click here, to read the short form notice click here.

Please note that we are aware of StubHub’s announcement regarding refunds. We are currently seeking more details from StubHub to ensure no persons within the proposed class definition will be left out and everyone gets their full measure of compensation. The proposed class action remains active.

The Court approved a Notice to be distributed to Class members regarding motions for approval (i) of a payment plan including both a retroactive one-time payment as well as future entitlements; and (ii) of the ancillary motions by Plaintiff’s counsel seeking Court approval of their legal fees and other matters. See the attached Notice here.

The certification hearing concluded on April 28, 2021. The judge reserved his decision. We expect to receive a decision in the coming weeks.

The Plaintiff’s motion regarding breach of the Settlement Agreement will be heard by the Federal Court on June 4, 2021.

Justice Belobaba awarded carriage of the Long-term Care Homes class proceeding to a consortium led by Rochon Genova.

We are pleased to announce that this action has been certified as a class proceeding.  Further information can be found in the Documents section here.

The hearing of the certification application will take place on Wednesday, April 28, 2021, beginning at 10:00 a.m. The virtual courtroom link and instructions for connecting can be found here. The parties’ material for the application can be found in the “Documents” section of this page.

An Amended Statement of Claim is issued by the Plaintiffs, with leave of the Court.

We have now completed the webinars held on Thursday, April 22, 2021 (English) and Friday April 23, 2021 (French). To access the archived versions of the webinars please click on the links below: English: https://edge.media-server.com/mmc/p/ggzraytp French: https://edge.media-server.com/mmc/p/ktfh5324 A copy of the presentation slides are available in English here and in French here. If you have specific questions that

We have been advised by the Monitor, FTI Consulting, that as a result of a systems error, ADP issued approximately 2,500 initial Plan Distribution cheques earlier than scheduled. Generally, cheques were issued to Retiree creditors in respect of their Retiree Benefit and/or Lifetime Discount claims. Retirees who were issued a payment should expect to receive

Further to our update below, please note that there are two ways to access the webinars being held on Thursday, April 22, 2021 at 10:00 a.m. (Eastern time) in English, and Friday, April 23, 2021, at 10:30 a.m. (Eastern time) in French. 1. LIVE WEB (WITH AUDIO) PRESENTATION: You can access the webinars at the following links:

We are pleased to advise that the Chief Executive Officer of the Financial Services Regulatory Authority (“FSRA”) has issued a consent to the distribution of surplus from the Metropolitan Toronto Pension Plan (the “Metro Plan”), a copy of which can be accessed here. Now that the required regulatory approvals have been received, the City of Toronto

The motion to certify this action as a class proceeding will be heard by the Ontario Superior Court of Justice on June 14-16, 2022.

We are pleased to report that the Monitor has informed us that the corporate tax issues, mentioned in our previous update on October 16, 2020, have been resolved with Canada Revenue Agency. The Monitor will now be proceeding with the second interim distribution to creditors, including to retirees. We will provide further details about the

Just Energy recently became insolvent due to recent weather-related events in Texas. As a result, Just Energy has filed for protection from parties it owes money to (creditors) under legislation called the Companies’ Creditors Arrangement Act.  That filing means that all litigation against Just Energy, including this class action, are automatically stayed and no further steps

The Manitoba Court of Appeal has denied the Defendant’s motion for leave to appeal the certification decision of Justice Grammond. The reasons for the Court of Appeal’s decision can be found here. The parties are currently producing and reviewing many documents, in preparation for a trial deciding the merits of the case. Documents are being

The parties have completed cross-examinations and are preparing for the certification application, which will be heard virtually on April 27 and 28, 2021. The Plaintiffs have filed their written submissions in support of the certification application, a copy of which can be found in the “Documents” section of this page. Copies of the Defendants’ written

The Plaintiff has filed a motion alleging that the CTSSP Administrator and Canada are breaching the Settlement Agreement by failing to provide class members with reasons when they are denied at Step 2 of the CTSSP application process for failing to meet the “probable” standard under the valiDATE algorithm. Class members denied at Step 2

As we mentioned in our reporting letter dated November 9, 2020, we will be holding webinars for all Sears Canada retirees on Thursday, April 22, 2021 at 10:00 a.m. (Eastern time) in English, and on Friday, April 23, 2021, at 10:30 a.m. (Eastern time) in French. The log-in details will be posted here two days

The mandate of the Court-Appointed Representatives and Koskie Minsky LLP, as Representative Counsel to former Nortel Employees, Pensioners and Long-Term Disability Beneficiaries, ended on March 31, 2021. As a result, all members should put questions pertaining to their claims in the Nortel Estate directly to the Monitor, Ernst & Young. Ernst & Young can be

On March 31, 2021, the Ontario Court of Appeal upheld the award of $30 million in aggregate damages. The reasons for the Court’s decision can be found here.

The Court recently ordered that the parties comply with the litigation timetable. A copy of the timetable can be found here.

The Court recently ordered that the parties comply with the litigation timetable.  A copy of the timetable can be found here.

The deadline for opting-out of the class has closed. The Crown has not produced documents in accordance with the previously ordered timetable. As a result, the timetable has been amended by the Federal Court on consent of the parties as follows: April 15, 2021 The Crown shall produce all remaining relevant, non-privileged, “H” drive documents

On March 12, 2021, Justice Perell and Justice Masse ordered a Protocol for the distribution of aggregate damages and the hearing of claims for individual issues damages. The Protocol can be found here. A Claims Form will be distributed by the Administrator when it is available.

On March 12, 2021, Justice Perell and Justice Masse ordered a Protocol for the distribution of aggregate damages and the hearing of claims for individual issues damages. The Protocol can be found here. A Claims Form will be distributed by the Administrator when it is available.

As of today, the Proposal has been supported by 51% of the Stelpipe Hourly Group, 60% of the Stelpipe Salaried Group, and 72% of the Welland Salaried group. Please note that in order for the Proposal to proceed, there must be two-thirds (66.7%) support from each of these groups. While this result is promising, it

Following the resolution of the carriage hearing on January 6 and 15, 2021, this action will proceed against all Defendants with the exception of the Aviva Defendant.

The Statement of Claim in this case was filed with the Manitoba Court of Queen’s Bench.

The hearing of the Plaintiff’s motion to certify the action as a class proceeding has been scheduled for the week of January 10, 2022.

The Plaintiff has served an amended statement of claim. The amendments change the definition of “Significant Exposure” to mean “application of Roundup on more than two occasions in a 12-month period and more than 10 occasions in a lifetime.” A copy of the amended statement of claim can be found here.

Class counsel successfully recovered $97,933.20 from the Workman defendants through enforcement proceedings in the Cayman Islands. In April 2020, the court ordered that Class Counsel pay this money to the pension plan Administrator for use in steps to locate unlocated Plan participants in order to pay them their entitlements. A copy of the court’s reasons

We are pleased to advise that on March 8, 2021, the CEO of the Financial Services Regulatory Authority (“FSRA”) issued a Notice of Intended Decision (“NOID”), proposing to consent to the distribution of surplus from the Metropolitan Toronto Pension Plan (the “Plan”), in accordance with the terms of the surplus sharing agreement between Plan members

On March 1, 2021, the action was certified as a class proceeding in British Columbia. The certification decision can be found here.

The Court of Appeal has now issued its Order for summary judgment, which can be viewed here.  Counsel are in the process of preparing the necessary motion material to provide a Notice to the class: (i) of the implementation steps for payment; and (ii) of the ancillary motions by Plaintiff’s counsel seeking Court approval of their

An Amended Statement of Claim has been issued in this case.

The Statement of Claim has been issued in this case.

On January 29, 2021, the Manitoba government announced that MDC would close down, through a phased approach over the next three years, moving current residents to community living situations. Our legal action will continue to seek remedies for those who resided at the institution in the past – the certified class includes those who resided

In February 2021, Koskie Minsky and Lenczner Slaght entered into a consortium with Merchant Law Group LLP, who were acting for a proposed national class in British Columbia, to prosecute the class action together.

Since the release of the Ontario Court of Appeal’s decision in this matter granting judgment to the class, the parties and their lawyers have been working co-operatively to determine the necessary steps to implement the judgment and conclude the litigation.  (Bell Canada has agreed not to seek leave to appeal the Court of Appeal’s decision

Archived versions of the online information sessions held on January 15, 2021 are available below: Welland Salaried Information Session Stelpipe Hourly Plan Information Session Stelpipe Salaried Plan Information Session 

The Superior Court of Justice has issued an amended statement of claim reflecting the consolidation of the actions commenced by Koskie Minsky LLP and Sotos LLP. The Plaintiffs will soon be bringing a motion to certify the action as a class proceeding.

The Plaintiff filed an application for certification of this action as a class proceeding.

On-line information sessions have been scheduled to discuss a proposed agreement (the “Proposal”) to share the surplus in the three registered pension plans listed below. Attendance at the information session is optional. 1.Welland Salaried Information Session – Friday January 15th, 2021 (3:00 PM to 4:00 PM (EST)) Visit: https://global.gotomeeting.com/join/879186309 You can also dial in using

The class members seeking leave to appeal the settlement approval decision were denied leave by the Federal Court of Appeal in November 2020. A copy of the Federal Court of Appeal’s decision can be found here: http://canlii.ca/t/jbdk7. However, one class member has now filed a further application for leave to appeal this dismissal to the

The claim period is now open. To get further information regarding the settlement, please visit the Administrator’s website. If you are unsure of your eligibility in the Bosch Settlement and know the VIN of your class vehicle, you may verify the eligibility of your vehicle using the Eligible Vehicle Lookup tool: Eligible Vehicle Lookup. Should

The certification hearing is scheduled for April 26, 2021.

The certification hearing is scheduled for September 20, 2021

This action has been certified as a class proceeding. To view the certification order, please click here.

The Defendant’s leave to appeal motion was heard by the Manitoba Court of Appeal on October 14, 2020, and the Court reserved its decision. The decision will be posted on this website as soon as it becomes available. If leave is granted, then the Defendant will be allowed to present its case for appeal at

On December 22, 2020, the Honourable Justice Smith certified this action to proceed as a class action. The class currently includes those who, between April 18, 2005 and the present, were involuntarily subjected to separate confinement and/or segregation at BC Correctional Centres, if either: their segregation was for at least 15 consecutive days, or if

We are pleased to advise that the City of Toronto has distributed surplus to eligible Plan members and beneficiaries.  Eligible Plan members who previously made direct deposit arrangements with the City should see their funds deposited by December 30.  Cheques are also scheduled to be mailed on December 30 to those who had not previously

We are pleased to advise that the Chief Executive Officer of the Financial Services Regulatory Authority (“FSRA”) has issued a consent to the distribution of surplus from the Toronto Civic Employees’ Pension Plan Surplus (the “Civic Plan”), a copy of which can be accessed here. The wind-up report in respect of the Civic Plan has

On November 3, 2020, the Court issued an Order for the amendment of the Statement of Claim.  Click here for a copy of the Fresh as Amended Statement of Claim.

On November 3, 2020, the Court issued an Order providing for Notice of Certification. Click here for a copy of the Notice, and for details regarding how to opt out prior to the deadline of March 16, 2021.

The certification application has now been scheduled to be heard on April 27 and 28, 2021.  At this point, it is not clear whether the hearing will take place in person or by video.  Various steps in advance of the hearing are being undertaken including cross-examinations, responding and reply evidence and written submissions.

On November 25, 2020, Justice Perell and Justice Masse released their provisional decisions on the distribution of aggregate damages awarded in three Federal solitary confinement class actions, as well as the means through which class members will be able to claim for additional individual issues damages. This decision is provisional and subject to final orders

On November 25, 2020, Justice Perell and Justice Masse released their provisional decisions on the distribution of aggregate damages awarded in three Federal solitary confinement class actions, as well as the means through which class members will be able to claim for additional individual issues damages. This decision is provisional and subject to final orders

The Plaintiff has filed a motion for certification of this action as a class proceeding.

We are pleased to report that on November 23, 2020, Mr. Justice Hainey of the Ontario Superior Court of Justice (Commercial List) approved the Sears Canada CCAA Plan of Compromise (“CCAA Plan”) . To see the Court Order, please click here. The CCAA Plan had been voted on in favour by a majority of the

Settlement Update Following approval of the settlement by the Quebec Superior Court, notices of settlement approval are now available. The short form Notice of Settlement Approval can be found here: English and French. The long form Notice of Settlement Approval, which includes greater detail, can be found here: English and French. A CLAIM FOR COMPENSATION

The Quebec Superior Court approved the settlement with Valeant Pharmaceuticals International, Inc. (Order available here), as well as the legal fees (Order available here) and plan of allocation (Order available here).

The Plaintiffs and Defendant are currently engaging in examinations for discovery, in preparation for trial.

To view the special reporting letter to Sears Retirees from Representative Counsel, please click here.

We are pleased to advise that on November 3, 2020, the CEO of the Financial Services Regulatory Authority (“FSRA”) issued a Notice of Intended Decision (“NOID”), proposing to consent to the distribution of surplus from Toronto Civic Employees’ Pension and Benefit Fund (the “Civic Plan”), in accordance with the terms of the surplus sharing agreement

Ontario has appealed the order of Justice Perell. The appeal will be heard by the Ontario Court of Appeal, via video-conference, on December 18, 2020. The Court of Appeal requires members of the media or the public who wish to observe a scheduled matter being held by video-conference to send a request in writing to

On October 27, 2020, on a motion brought by the Monitor, the Ontario Superior Court of Justice (Commercial List) granted an order (the “Meetings Order“) in which it accepted the filing of the draft CCAA Plan of Compromise (“CCAA Plan“) for Sears Canada and authorized the Monitor to hold creditors meetings to approve the CCAA

The following timetable for discoveries, agreed to by the parties, has been approved by the Federal Court: December 31, 2020 FNI shall produce relevant, non-privileged documents relating to the period November 30, 2009 to July 4, 2013; The Crown shall produce relevant, non-privileged, “H” drive documents; and The Plaintiff shall produce his relevant documents. March

Justice Poelman released his decision directing that the Plaintiffs’ certification application proceed first before any summary dismissal applications by the Defendants.  As a result a hearing of the Plaintiffs’ certification application will be scheduled soon, which hearing is expected to be held in the coming months.

The Federal Court of Appeal refused to grant leave to proceed with the proposed appeal of the settlement agreement initiated by four class members.  A copy of the decision of the court can be found here.

The Amended Statement of Claim was filed in 2020. A copy of the Fresh as Amended Statement of Claim is available here.

The Ontario Court of Appeal upheld the motion judge’s decision that the limitation periods of all former putative class members remain suspended following the denial of certification. You can read the decision of the Court of Appeal by clicking here.

The plaintiffs brought a motion to add JP Morgan Chase & Co., J.P. Morgan Bank Canada, J.P. Morgan Canada, JPMorgan Chase Bank National Association, Morgan Stanley Capital Group Inc., Bank of America Corporation, and Merrill Lynch Commodities Inc. as defendants.

The plaintiffs brought a motion to add JP Morgan Chase & Co., J.P. Morgan Bank Canada, J.P. Morgan Canada, JPMorgan Chase Bank National Association, Morgan Stanley Capital Group Inc., Bank of America Corporation, and Merrill Lynch Commodities Inc. as defendants.

Following a period of delay due to Covid-19, a case management hearing was held before Justice Poelman, the case management judge, on October 29, 2020.  Arguments were presented as to which applications should proceed first:  the Plaintiffs’ certification application or the Directors’/Paramount’s summary dismissal applications.  Justice Poelman reserved his decision, which we expect to receive

As noted in our previous reports, many former Dylex employees recently received distributions from the Dylex estate, by mail or through the Office of the Superintendent of Bankruptcy’s (“OSB”) Unclaimed Dividend Fund. Please note that all such employees are advised to speak with their tax preparer about how to report the distribution payment on their

We were recently informed by the Monitor that the anticipated second distribution has been delayed due to corporate tax issues. The Monitor is following up with Canada Revenue Agency about those issues. We are in contact with the Monitor about this and will continue to provide further updates here regarding the second distribution as soon

We are pleased to report that on Friday, September 18, 2020, the Superior Court of Justice (Commercial List) approved the settlement of the lawsuits brought by Morneau Shepell as Administrator of the Sears Registered Retirement Plan, the Monitor, the Litigation Trustee, and the class action parties, against Edward Lampert, ESL Investments Inc., and the other

Further to our letter of September 24, 2020, we have received inquiries from former Dylex employees with claims under $1,500 who are having difficulty accessing their unclaimed dividend payment from the Office of the Superintendent of Bankruptcy’s (“OSB”) Unclaimed Dividends Database. As stated in our letter, employees who have claims of less than $1,500 had

The class action plaintiffs are pleased to announce that a proposed settlement has been reached with Valeant Pharmaceuticals International, Inc., subject to court approval. A copy of the Long Form Notice is available here. A copy of the Settlement Agreement is available here.  A copy of the Plan of Allocation is available here. The court

The Monitor has declared a third distribution to be sent on October 7th, 2020. That distribution amounts to approximately 4.05 cents on the dollar. That third distribution, when combined with the initial distribution and second distribution, results in a cumulative distribution to date of approximately 54.25 cents on the dollar. Pursuant to section 6.3(b) of

As per our previous update of August 4, 2020, as a result of an appeal initiated by four class members, the implementation of the Settlement approved in May has been delayed.  The class members must be granted leave by the Federal Court of Appeal to proceed with their appeals.  That process to seek leave to

Justice Belobaba has approved the settlement of this matter.  To view a copy of the Order dated September 22, 2020, please click here.

The Defendant’s leave to appeal motion will be heard before the Court of Appeal on October 14, 2020. The Court will afterwards decide whether the Defendant is allowed to proceed with an appeal of the certification decision.

Please be advised that a letter was recently mailed out to former Dylex employees advising of some good news. We were informed by the former trustee of Dylex (now called KSV Kofman Inc.) that a previously unknown Dylex asset referred to “internet protocol numbers” (“IPN“), had been recently identified and was sold to a third

We are advised by the Monitor that settlements have been reached on two other outstanding claim issues, unrelated to the claims of employees and retirees, and that the Monitor will soon be in a position to pay a second distribution to all creditors including employee and retirees pursuant to the Wabush CCAA Plan of Compromise.

On September 7, 2020, on the eve of the trial in the Sears Canada dividend litigation that was to commence the next day, the plaintiffs reached a settlement in principle with Edward Lampert, ESL Investments Inc., and the other remaining defendants.  The Hon. Justice Barbara A. Conway  of the Ontario Superior Court of Justice adjourned

The Plaintiffs have asked the Court to provide a verdict based solely on the expert evidence without the need for a full trial. This process is called “Summary Judgment”. The process has been delayed by the pandemic. It was scheduled to be heard by the Court on Sept 9, 10 and 11, 2020. The Court

The Defendant is seeking leave to appeal Justice Grammond’s certification of this case as a class proceeding. A hearing will be scheduled to determine whether the Defendant can appeal the certification decision.

As part of the process of the dissemination of notice of certification a press release announcing the certification of this class action was released on August 29, 2020, which can be found here Click here to read the notice of certification.

Impact of Future Distribution on the Registered Pension Plans As future distributions are paid out, former employees will first see associated payments for employment related claims from EY, the Monitor, followed later by corresponding adjustments to registered pension plan benefits. Ontario pension plan members will continue to be paid from the plan until the final

We are pleased to report that on September 2, 2020 the Monitor commenced the third and final distribution from the Non-USW Settlement Fund (described below). We have been advised by the Monitor that distributions should be received by eligible retirees in the coming days. As previously reported, in our capacity as Representative Counsel to all

This class action has been delayed as a result of restrictions imposed on the Alberta Court of Queen’s Bench’s operations and other Ministerial Orders as a result of Covid-19.   Many of those restrictions have now been lifted and the Plaintiffs are seeking to push this litigation forward.  In that regard a case management hearing has

Court orders Plaintiffs to produce additional records.

On August 27, 2020 the Monitor announced that a third distribution will occur on October 7, 2020. The amount of the third distribution is not yet known and will be available sometime in September. We will provide an update as soon as information regarding the amount is known, however, the Monitor has previously advised that

We are pleased to report that on August 25, 2020, the Superior Court of Justice (Commercial List) approved the settlement with the former directors of Sears Canada. To view the Order of the Court dated August 25, 2020, please click here.

We are pleased to report that this matter is proceeding to the final regulatory approval stage.  On August 20, 2020, the City of Toronto served its Notice of Employer Surplus Withdrawal Application (the “Notice”) on Koskie Minsky LLP (“KM”), in its capacity as counsel to members of the Metropolitan Toronto Pension Plan (the “Plan”) surplus

We are pleased to report that on July 27, 2020, a settlement agreement was reached with the director defendants in the Sears Canada litigation, for a total of CAD $50 million to be allocated among the plaintiff parties. This settlement arises from the Sears Canada insolvency litigation involving lawsuits by four plaintiffs, as previously reported:

The certification hearing is scheduled to proceed starting on August 24, 2020.

The Government of Canada has appealed the certification decision. The Appeal is currently before the Federal Court of Appeal. A hearing date has not yet been set.

As a result of an appeal initiated by four class members, the implementation of the Settlement approved in May will be delayed.  The class members must be granted leave to appeal the settlement approval order.  That process to seek leave to appeal and the potential hearing of an appeal, if leave were granted, could take

This action is being discontinued following a Supreme Court of Canada’s ruling, striking a similar claim and setting a precedent. The ruling can be found here.

The Supreme Court has allowed the Defendants’ appeal of the Certification Order, and struck the Plaintiffs’ claim. The Supreme Court’s reasons can be found here. This action will not proceed as a class action.

On March 16, 2020 the Superior Court of Justice (Commercial List) approved an settlement reached with Sears Holding Corporation with respect to the 2013 Dividend Litigation. Based on the settlement, the plaintiffs will have a allowed Class 4 general unsecured claim in an amount equal to $200 million CAD once it is approved by the

Pursuant to the agreements in the 2017 Stelco CCAA Plan of Compromise reached between Stelco and its creditors, including salaried retirees, on April 2, 2020, the Financial Services Regulatory Authority (FSRA) issued a Wind Up Order for the Hamilton Salaried Pension Plan as of March 31, 2020. Morneau Shepell, the administrator of the Hamilton Salaried

This case has now been certified as a class proceeding. The court has approved a notice of certification, which among other things, explains what the class proceeding is about and how a person can take steps if they do not want to be part of the class proceeding: click here to read the notice of

The parties are currently conducting examinations for discovery, in preparation for trial.

The parties have reached a settlement of this matter. The settlement approval hearing is scheduled for August 28, 2020 before Justice Belobaba. To view a copy of the notice of pre-approval hearing please click here.

This class action was commenced by Notice of Action.

We are pleased to report that this matter is proceeding to the final regulatory approval stage.  On June 25, 2020, the City of Toronto served its Notice of Employer Surplus Withdrawal Application (the “Notice”) on Koskie Minsky LLP (“KM”), in its capacity as counsel to members of the Civic Plan surplus sharing group who retained

Canada has not appealed the Ontario Court of Appeal’s decision granting summary judgment. The parties are now working towards implementing that decision. A motion date to re-determine aggregate damages in the Brazeau matter was determined May 29, 2020. The parties will now file materials respecting the distribution of damages in both matters. The Court will

The statement of claim in this action has been issued. A copy is available here.

Bank of Montreal, BMO Financial Corp., BMO Harris Bank N.A. and BMO Capital Markets Limited. (collectively the “BMO”) entered into a formal settlement agreement, whereby BMO agreed to pay CAD$250,000. The settlement is a compromise of disputed claims and BMO does not admit any wrongdoing or liability. The settlement agreement must be approved by the

The Plaintiff has filed a motion for certification. A timetable leading to the certification hearing in this matter is being set. The certification hearing is a court hearing to determine whether the case can continue as a class action.

Justice Perell awarded $20 million in base level damages to the Class. A distribution protocol is to be determined.  To view the Reasons for Decision, please click here.

The Honourable Justice Grammond has certified this proceeding as a class action. The certified Class is defined to include: “all persons who resided at MDC between July 1, 1951 and the date of the certification order, and were alive as of October 31, 2016.” The Reasons for Certification can be viewed here.

The claims period is now open. Class members can now make a claim under the Settlement, through the Claim Form available here. Further information about how to complete the Form is available on the Administrator’s website

The claims period is now open. Class members can now make a claim under the Settlement, through the Claim Form available here. Further information about how to complete the Form is available on the Administrator’s website

Canada has not appealed the Ontario Court of Appeal’s decision granting summary judgment. The parties are now working towards implementing that decision. A motion date to re-determine aggregate damages in this matter is scheduled for May 26, 2020. When the Court issues its revised aggregate damages decision, parties will file materials respecting the distribution of

The Federal Court approved the settlement of this class proceeding today.  In addition, the Federal Court approved Class Counsel’s fee request (a maximum of 15% deduction on all payment to class members approved under the CTSSP up to a maximum of 10 years of annual payments and up to a total maximum of $1.85 million

Certification motion adjourned indefinitely due to ongoing COVID-19 pandemic.

Due to the current coronavirus crisis, the Federal Court has severely restricted its normal operations.  All previous motion dates have been cancelled and the court is not yet booking new hearings. In addition, the Defendant, the Attorney General of Canada, has advised that its operations has been significantly curtailed to what it has deemed to

A motion to approve the Bank of America and HSBC Settlements was heard by the Federal Court of Canada. The settlements were approved. The settlement funds (plus interest, less court-approved fees and expenses) are being held in trust for the benefit of settlement class members. The courts will be asked to approve a method of

As a result of Covid-19, the Alberta Court of Queen’s Bench has severely restricted its operations at least until June 1.  Please click on the links below for more information: https://www.albertacourts.ca/qb/court-operations-schedules/pandemic-operations https://open.alberta.ca/publications/ministerial-order-27-2020-justice-and-solicitor-general As a result, no applications in this matter can be scheduled or heard at this time.  In particular, the scheduling of the certification

On April 20, 2020, Justice Perell granted the Plaintiff’s motion for summary judgment, finding both systemic negligence and Charter rights violations. $30 million dollars was awarded in aggregate, base-level damages. To view the Reasons for the Decision, please click here.

On April 14, 2020, Justice Perell certified this class proceeding against the remaining Defendants who have not yet settled. The certified Class includes: all persons in Canada who, between January 1, 2003 and December 31, 2013, entered into an FX Instrument transaction with a named Defendant’s salesperson, either directly or through an intermediary. A copy

The plaintiffs in the Ontario action will be seeking to certify the Ontario action on behalf of a national class. At the certification motion, the court will determine whether this action is properly prosecuted as a class action. The certification motion will be heard October 5, 6, 7 and 8, 2020.

The plaintiffs in the Ontario action will be seeking to certify the Ontario action on behalf of a national class. At the certification motion, the court will determine whether this action is properly prosecuted as a class action. The certification motion will be heard October 5, 6, 7 and 8, 2020.

Further to our update of March 20, 2020 below, we understand that the Receiver will mail out packages with respect to steps for you to take to complete your WEPP claim sometime during the week of April 13, 2020.

On March 30, 2020, the U.S. Bankruptcy Court issued an Order establishing the deadlines and process for filing claims in Celadon’s U.S. bankruptcy proceedings, including claims against Hyndman Canada. The general deadline for filing Proof of Claim forms is April 30, 2020 at 4:00 p.m. (ET). Proof of Claim forms must be received by Celadon’s

The claims period is now open. Class Members must file a claim with the Claims Administrator on or before their applicable claims period. For Claimants Revised as of February 6, 2020 and for Medically Precluded Claimants, the Claim Form must be completed and returned to the Claims Administrator by October 16, 2020. For Claimants Revised

Settlement Update A motion to approve the settlement agreement was heard by the Ontario Superior Court on January 6, 2020. The Settlement agreement was approved. The order approving the settlement agreement can be found here. Notice of Settlement Approval in English can be found here.  Notice of Settlement Approval in French be found here. For more

Due to the ongoing COVID-19 pandemic, the Federal Court of Canada has approved a 60-day delay to the original claims period commencement date. The claims period is now scheduled to commence on May 25, 2020. On or around that date, Class Members will be able to make a claim using the Form to be provided

Due to the ongoing COVID-19 pandemic, the Federal Court of Canada has approved a 60-day delay to the original claims period commencement date. The claims period is now scheduled to commence on May 25, 2020. On or around that date, Class Members will be able to make a claim using the Form to be provided

Services Canada has extended the deadline to file WEPP claims to April 20, 2020. We are in the process of negotiating the calculation of your claim entitlement with the Receiver. Unfortunately, we could not formally start this process until March 16, 2020 – the day the Representation Order was issued. While we can make no

A Notice of Civil Claim was filed in the BC Supreme Court. A copy of the claim is available here.

In a unanimous decision, the Ontario Court of Appeal agreed that Canada’s use of prolonged solitary confinement had breached Class members’ Charter rights and freedoms. The Court upheld the base level award of $20 million in Charter damages. Its reasons for decision can be viewed here.

In a unanimous decision, the Ontario Court of Appeal agreed that Canada had breached Class members’ Charter rights and freedoms by placing seriously mentally ill prisoners in solitary confinement. However, the Court remitted the damages award back to the motion judge for reconsideration. Its reasons for decision can be viewed here.

The motion for certification of this action as a class proceeding was heard in Winnipeg on November 26, 2019. The judge reserved her decision. The decision will be posted here when it is made available.

On February 26 and 27, 2020, the Federal Court heard the motions for approval of the proposed Settlement Agreement, approval of Fees, and request for Costs. Justice Phelan reserved his decision. The decision will be posted here when it becomes available.

A case management meeting with the Honourable Mr. Justice Poelman was held on February 28, 2020. A timetable for the certification application was not set. Instead, the court will next determine whether to hear the Defendants’ proposed preliminary applications before, after or concurrent to the Plaintiffs’ certification application. A hearing of that issue has not

We are pleased to report that the Court of Appeal unanimously reversed the judgment of Justice Morgan and granted the plaintiff summary judgment. To view the decision please click here. The defendants may seek leave to appeal to the Supreme Court.

Carriage hearing Justice Grace of the Superior Court of Justice in London, ON appointed Koskie Minsky LLP along with McKenzie Lake Lawyers LLP and Merchant Law Group as class counsel in Ontario. The Court set September 20-22, 2021 as the dates for a hearing on whether the case should be certified to go forward as

Locations and Times for Settlement Hearing regarding the Thalidomide Survivors Contribution Program Class Proceeding The Settlement Approval, Fee Approval and Costs Motions will be heard by the Federal Court next week, on Wednesday, February 26 and Thursday, February 27, 2020, beginning at 9:30 a.m. EST. Class member submissions will likely be scheduled for the morning

The claims period has not opened yet. We expect it will open soon. When it does, a final claim form will be available.

The Statement of Claim in this class action has now been filed in accordance with the order of the Federal Court of Appeal, which can be viewed here.  The new style of cause is Collins v Canada et al, T-2044-19. In addition, the previous Federal Court application Brake v Canada et al, T-300-17 has now

The Notice of Civil Claim was filed with the Supreme Court of British Columbia. You can find a copy of here.

The Stryker Rejuvenate class action settlement has been approved. The claims period will open on February 6, 2020. If you have retained Koskie Minsky LLP to assist you with your claim form, a representative from Koskie Minsky will contact you for information to assist in preparing your claim form.

The Plaintiff’s motion for summary judgment was heard before Justice Perell on January 20-24, 2020. The Court’s decision will be posted here when it is available.

Canada has appealed the order of Justice Perell. The appeal was heard on January 7-8, 2020. The Court of Appeal reserved its decision.

Canada has appealed the order of Justice Perell. The appeal was heard on January 7-8, 2020. The Court of Appeal reserved its decision.

The claim has now been certified as a class action.   A copy of the certification order is available here.

The previously scheduled summary judgment returnable in December 2019 to determine the merits of this class proceeding was postponed. Please continue to check back here for more information on a new return date for the motion.

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

We are pleased to advise that the Financial Services Regulatory Authority (“FSRA”) has issued an order approving the merger of the Metropolitan Toronto Pension Plan (the “Metro Plan”) with the Ontario Municipal Employees’ Retirement System (“OMERS”).  This significant step is a precondition to any distribution of surplus from the Metro Plan. We are advised that

The appeal has been scheduled for February 5, 2020 at the Court of Appeal at 130 Queen St W, Toronto, ON M5H 2N5 at 10:00 am. Class members’ attendance is encouraged.

On January 8, 2020, the Divisional Court ruled that the proceedings could go forward as a class action with respect to the alleged deficiencies in the duty to warn. Click here for a copy of that decision.

The certification motion has been scheduled for October 5, 6, 7 and 8, 2020, at 10:00 am in Toronto. This motion will be heard together with the Silver class action.

The Statement of Claim in this action has been issued, and can be found here.

The common issues trial has now been scheduled to take place starting November 15, 2021 and will last twenty (20) days.

Class Counsel’s request for fees is set out in the notice of motion found here. More information on the work Class Counsel completed for the Class can be found here.

Class Counsel has been advised of recent terminations of employment by Paramount. We understand that some of those impacted have been asked to sign a release to give up certain rights against Paramount as part of the severance package offered.  That release of rights may impact class members’ right to claim for the deferred compensation

Further to the PWC settlement, the Consolidated Ontario action (Court File No. CV-15-541082-00CP) and the Sukenaga Ontario action (Court File No. CV-15-540567-00CP) have now been dismissed as against PwC with prejudice, the Statements of Claim have been amended and the actions have been discontinued as against the non-settling defendants without prejudice.   The Consolidated Ontario and

The Federal Court of Canada has now approved notice to the class members of the terms of the proposed settlement between the parties and set a date for a hearing to determine whether to approve the proposed settlement. The hearing to determine whether to approve the Settlement, class counsel’s request for fees and the applicant’s

The Defendant is appealing Justice Perell’s most recent Order. We will provide a further update as soon as we get the appeal decision.

Settlements have been achieved with the following defendants, totaling approximately $2.1 million: Bank of America Corporation, Bank of America, N.A., Bank of America Canada, Bank of America, National Association, Bank of America Merrill Lynch International Limited, Merrill Lynch International, Merrill Lynch, Pierce, Fenner & Smith Inc., Merrill Lynch Canada Inc., Merrill Lynch International Services Limited,

The Quebec Superior Court approved the settlement with PricewaterhouseCoopers LLP (Order available here), as well as the legal fees (Order available here) and plan of allocation (Order available here).

The settlement of this class proceeding has been approved by the Federal Court. A copy of the Federal Court’s reasons are available here. A copy of the notice of approval and the opening of the claims process is available here. A link to the settlement administrator’s website is available here.

The settlement of this class proceeding has been approved by the Federal Court.  A copy of the Federal Court’s reasons are available here.  A copy of the notice of approval and the opening of the claims process is available here. A link to the settlement administrator’s website is available here.

This action has how been certified as a class proceeding. The Order and Reasons for Certification can be viewed here.

The Federal Court of Appeal certified this proceeding as a class proceeding.  In doing so, the Federal Court of Appeal overturned the decision of Justice Zinn of the Federal Court and directed that this case proceed by way of a combined judicial review application and an action for damages, where the propriety of the Supplemental

It is with great sadness that we report that Jerry Brake, the proposed representative of the class, passed away on October 15, 2019. Jerry was a vibrant person who zealously sought to champion this case on behalf of the class. Jerry was 54 years.  He is survived by his wife and four children. Jerry will

Settlement Update Please note that the lawsuit and the settlement described below do NOT relate to any other Stryker hip implant system, including the Rejuvenate Monoblock Hip System. The Defendants, while not admitting liability, have agreed to a settlement of this lawsuit. The settlement applies to all persons who were implanted with a Stryker Rejuvenate Modular Hip

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

The Representative Applicant and the Federal Government have reached an agreement to resolve this class proceeding.  Further details will be provided soon. As a result, the hearing scheduled for October 23, 2019 will not be proceeding.  Instead a hearing to determine whether the settlement is fair, reasonable and in the best interests of the class

A copy of the notice of certification is available here.

The Plaintiff issued the Statement of Claim

We are pleased to advise that the Financial Services Regulatory Authority (“FSRA”) has issued an order approving the merger of the Toronto Civic Employees’ Pension Plan (the “Civic Plan”) with the Ontario Municipal Employees’ Retirement System (“OMERS”).  This significant step is a precondition to any distribution of surplus from the Civic Plan. We are advised

Certification motion scheduled to be heard September 2020.

Summary judgment was granted to the Bell defendants. A copy of the decision is available here. The Plaintiff has appealed. The date for the hearing of the appeal has not been set yet.

The Plaintiffs and Defendant are engaging in documentary production, the preliminary stage of preparations for trial.

Justice Belobaba approved the settlement with Deutsche Bank and also approved the fees and disbursements of Class Counsel. You can find the settlement approval order here, the fee approval order here and the Court’s reasons for approval here. The settlement funds (plus interest, less court-approved fees and expenses) are being held in trust for the benefit of settlement

Justice Belobaba approved the settlement with Deutsche Bank and also approved the fees and disbursements of Class Counsel. You can find the settlement approval order here, the fee approval order here and the Court’s reasons for approval here. The settlement funds (plus interest, less court-approved fees and expenses) are being held in trust for the benefit of settlement class

In a landmark ruling, Justice Perell granted summary judgment in favour of the class, awarding $20 million in aggregate damages. This award is to be distributed directly to class members who were involuntarily subjected to administrative segregation for 15 consecutive days or more in a Federal prison. Individual claims for additional damages will be adjudicated

Claims for amounts owing to Retirees Representative Counsel prepared and advanced claims on behalf of the former employees and retirees for the following amounts owing to them by Sears Canada: a) the amount of $260 million owing by Sears Canada to the underfunded Sears Canada Plan on its wind-up, which is referred to as the

The class action plaintiffs are pleased to announce that a proposed settlement has been reached with PricewaterhouseCoopers LLP, subject to court approval. A copy of the Long Form Notice is available here. A copy of the Settlement Agreement is available here. A copy of the Plan of Allocation is available here.

The judicial review hearing has now been scheduled by the Federal Court to be heard on October 23, 2019 in Toronto.

On July 9th, 2019, Morneau Shepell Ltd., in its capacity as Plan Administrator, purchased buy-in annuity contracts for the Stelco Inc. Retirement Plan for Salaried Employees at Hamilton Works (the “Plan”) in order to secure 100% of the pension benefit entitlements of all Plan participants (i.e., retirees, beneficiaries, deferred vested members and the accrued benefits

The claims period is closed. The administrator is in the process of adjudicating submissions.

The hearing of the motion for summary judgment has concluded. The parties are waiting on the judge’s decision.

The parties are in the discovery phase of the litigation.

The plaintiff’s motion for certification has been dismissed. The plaintiff is appealing.

On July 23, 2019, the Financial Services Tribunal released its decision ordering the Chief Executive Officer to carry out the Notice of Intended Decision (NOID) which would allow the Pension Benefits Guarantee Fund (PBGF) to recover amounts relating to the loss of indexation that were recovered. As previously advised, Koskie Minsky, on behalf of the

The parties are pleased to announce that a proposed settlement is reached, subject to court approval.  A copy of the notice of the hearing for settlement approval is available here. A copy of the final settlement agreement is available here. A copy of the Participation Form is available here.

The parties are pleased to announce that a proposed settlement is reached, subject to court approval.  A copy of the notice of the hearing for settlement approval is available here. A copy of the final settlement agreement is available here. A copy of the Participation Form is available here.

Koskie Minsky will be hosting a Town Hall Meeting on July 8th, 2019 at 7:00 p.m, at McGregor Community Centre located at 2231 Lawrence Ave E, Scarborough, ON M1P 2P5.

Second Distribution – ESDC Update The Monitor reports that it is in regular contact with ESDC regarding their review of Second Distribution payments (made in mid-December 2018), which is still ongoing. ESDC reports that the review has now been completed for approximately 900 of the 2,000 payments under review. The Monitor is working on releasing

Justice Perell awarded carriage of the Aphria class proceeding to Rochon Genova.

Justice Belobaba released his decision on the Plaintiff’s summary judgment motion.  Justice Belobaba held that a trial would be required so that witnesses can be examined in court before a decision on the merits of the case can be provided.  You can review a copy of Justice Belobaba’s decision here. Further updates in this regard

This action has been certified as a class proceeding. A copy of the Notice is available here. A copy of the Opt Out Form for residents of New Brunswick  is available here. A copy of the Opt In Form for residents outside of New Brunswick is available here.

A Dispute Resolution Conference was held today.  The parties continue their discussions with a view to resolving the issues in dispute.   In the interim, the parties await the court’s scheduling of the judicial review hearing.

On June 11 Representative Counsel attended the Condominium Turnover meeting. At the meeting, Representative Counsel distributed a Questionnaire to each of the Birchmount Purchasers and requested that the document be completed and sent to BirchmountPurchasers@kmlaw.ca, faxed to 416-204-2897 or mailed back to James Harnum at 20 Queen Street West, Suite 900, Toronto, ON, M5H 3R3.

The Plaintiff’s summary judgment motion was heard on June 11 and 12, 2019 by the Honourable Justice Belobaba.  The Plaintiff sought to determine the employment status of the approximately 8,000 class members in a summary fashion.  The Honourable Mr. Justice Belobaba reserved his decision.  A decision is expected in the coming weeks.

We have been advised that an error was made by Industrial Alliance (iA) with most retirees receiving their regular June pension payment on June 1st, however, an additional two monthly payments were made erroneously at midnight on June 3rd. RBC, the acting trustee for iA, will reverse these erroneous transactions if the amounts are still

Leave to appeal the Certification Order was granted by the Supreme Court of Canada. The tentative hearing date is set for December 3, 2019.

The discovery process is underway and Class Counsel is in the process of collecting and reviewing documents produced by Mercedes. The Plaintiffs have scheduled a summary judgment returnable in December 2019 to determine the merits of this class proceeding.

Pursuant to the Order of the Ontario Superior Court, the Monitor mailed a letter from Representative Counsel to each Birchmount Purchaser. The letter explains Koskie Minsky LLP’s role and mandate and provides a method for any Birchmount Purchaser who does not wish to be represented by Koskie Minsky LLP to opt out of our representation.

The Monitor mailed the final distribution from the Health and Welfare Trust on May 30, 2019 to approximately 9,000 Participating Beneficiaries for claims relating to: LTD Income; LTD Basic/Optional Life Insurance; Pensioner Life Insurance; Survivor Income Benefits; Survivor Transition Benefits (in-pay) Although the Statement displays a distribution rate of only 1.212%, which is the estimated

At a case management conference held today the Attorney General of Canada agreed to postpone the scheduling of its motion to dismiss the class proceeding until after the Dispute Resolution Conference scheduled for June 17, 2019.   In addition, the parties reached an agreement to resolve the Applicant’s motion which sought further and better answers about

A national settlement reached with Deutsche Bank AG, Deutsche Bank Securities Limited, and Deutsche Bank Securities, Inc. (collectively “Deutsche Bank”), totaling $3,350,360.95, was approved by the Courts in Ontario and Quebec. The court orders approving the settlement and counsel fees, and the court’s reasons for approval, can be downloaded from the Documents section.

A national settlement reached with Deutsche Bank AG, Deutsche Bank Securities Limited, and Deutsche Bank Securities, Inc. (collectively “Deutsche Bank”), totaling $2,121,939.05, was approved by the Courts in Ontario and Quebec. The court orders approving the settlement and counsel fees, and the court’s reasons for approval, can be downloaded from the Documents section.

Justice Belobaba approved the settlement with Deutsche Bank and also approved the fees and disbursements of Class Counsel. You can find the settlement approval order here, the fee approval order here and the Court’s reasons for approval here.

This action has been certified as a class proceeding. A copy of the certification order is available here. A copy of the order for notice of certification is available here.

Koskie Minsky LLP has been appointed by the Ontario Superior Court of Justice (Commercial List) as representative counsel to those individuals (the “Birchmount Purchasers”) who purchased a residence from the Birchmount Developer in respect of all claims to be made by the Birchmount Purchasers in the claims process. To view a copy of the Order

In its latest effort to seek to circumvent this class proceeding, Canada has filed a motion to dismiss this class proceeding on the basis of the existence of the CTSSP.  This despite the lack of information provided on the adjudicative process of the CTSSP and despite the fact that the CTSSP has not started yet.  

The Statement of Claim in this action has been issued.

The Statement of Claim in this action has been issued.

Since the last update on February 14, 2019, the Manitoba government confirmed that it would not be filing any evidence in response to the Plaintiff’s motion for the certification of this case as a class proceeding. That means that the motion to decide whether this case will proceed on behalf of former residents of MDC

Morneau Shepell has advised that update letters have been sent to annuitants on Monday, April 15th regarding the annuity purchase, final pension amounts and retroactive lump sum payments.  We understand that the annuity providers have also mailed out introductory packages this week. The retroactive lump sum payments will be processed by April 30th. If you

We have been advised by the Monitor that they have now reached a solution with the Canada Revenue Agency and Revenu Québec with respect to the errors made on tax slips sent to some former employees and retirees. Individuals will be receiving a letter specific to their status providing them with information with respect to

Yesterday the Government of Canada announced new details of the program sought to rectify the problems with the Thalidomide Survivors Contribution Program.  The news release can be found here.  The Order-in-council establishing the program can be found here. Class counsel and the Representative Applicant are reviewing and considering the details announced.  There are a number

Further to our March 26, 2019 post below with respect to an issue that was brought to our attention regarding tax slips mailed to former employees and retirees by the Monitor, we have prepared a letter to individual who may be affected. The letter can be accessed here and will be mailed to all those

The Defendant’s application for leave to appeal to the Supreme Court of Canada was dismissed. The plaintiff’s motion for summary judgment is scheduled for November 5-6, 2019.

This case has now been certified as a class proceeding. The court has approved a notice of certification, which among other things, explains what the class proceeding is about and how a person can take steps if they do not want to be part of the class proceeding. To read the Thalidomide Survivors Contribution Program

Individuals who received a distribution from the Monitor under the CCAA Plan of Compromise‎ for one of the following claims will also be sent a Qualifying Retroactive Lump-Sum Payment (“QRLSP“) Form from the Monitor: non-registered unfunded retirement benefit contracts (“RBC“) from USSC; or, special retiring allowance payments (“SRA“) from USSC; or, special retiring allowance arrangements

The Statement of Claim in this action has been issued.

It has come to our attention that the tax slips mailed to former employees and retirees by the Monitor reported the entire distribution received in late 2018 as taxable. Specifically the amounts are reported in box 67, which is used for retiring allowances and is taxable unless it is transferred into a locked in retirement

We are pleased to report that in an unprecedented decision, the Honourable Justice Perell awarded $20 million in Charter damages to the seriously mentally ill who have been subjected to solitary confinement in Federal prisons. The damages are to be distributed in the form of additional mental health or program resources for structural changes in prisons. Individual claims for compensation will be adjudicated at a

The Ontario Court of Appeal has dismissed the plaintiff’s motion for leave to appeal. The plaintiff is seeking directions from the court about next steps in this proceeding. Please check this case page frequently for updates on the status of the case.

The Federal Court of Appeal heard Mr. Brake’s appeal of Justice Zinn’s May 8, 2018 decision refusing the certification of this class proceeding.  The Federal Court of Appeal reserved their decision.  A decision from the court is expected in the coming months.

The case management judge “paused” the action pending a decision in a related matter from the Supreme Court of Canada.

The Court of Appeal denied leave to hear the plaintiff’s appeal of the order dismissing his motion for certification. This action is now concluded.

The Dispute Resolution Conference scheduled for March 12, 2019 has now been adjourned by the Court to a date to be determined in April 2019.  The Attorney General of Canada refuses to discuss the issues of eligibility and evidentiary requirements with the court-appointed representative of those rejected from the Thalidomide Survivors Contribution Plan before it

The Dispute Resolution Conference will be held on March 12, 2019 with Justice McDonald.

The class definition and claim have been amended by Order of Justice Perell dated February 21, 2019. To view the Order of Perell J re Discontinuance of Claim please click here. To view the Order of Perell J re Class Definition please click here. To view the press release please click here.

The plaintiffs’ summary judgment motion was heard on February 13-15 and  20-21, 2019. Justice Perell reserved his decision.

The opt-out period has now passed.

As we explained in prior correspondence, in May 2018, we were successful in negotiating two favourable settlements regarding‎ two proceedings, that in combination provided the Wabush Salaried Pension Plan with an additional $18 million. As part of the pension wind up process, all plan members who are owed a pension under the plan, and who

A national settlement, totaling $3,350,360.95 has been reached with Deutsche Bank AG, Deutsche Bank Securities Limited, and Deutsche Bank Securities, Inc. (collectively “Deutsche Bank”), subject to court approval in Ontario and Quebec. Motions to approve the Deutsche Bank Settlement will be heard in the Ontario Court on April 30, 2019 and the Quebec Court on

A national settlement, totaling $3,350,360.95 has been reached with Deutsche Bank AG, Deutsche Bank Securities Limited, and Deutsche Bank Securities, Inc. (collectively “Deutsche Bank”), subject to court approval in Ontario and Quebec. Motions to approve the Deutsche Bank Settlement will be heard in the Ontario Court on April 30, 2019 and the Quebec Court on

The motions for summary judgment and certification are now proceeding on July 9-10.

The Manitoba government recently delivered its Statement of Defence in the proposed class action brought by former resident, David Weremy, on behalf of former residents of the Manitoba Developmental Centre (MDC).  The proposed class action alleges that Manitoba failed in its duties to the former residents who allege they were mistreated and abused while under

The federal government has agreed to meet with the Representative Applicant, who was appointed by the Federal Court of Appeal to represent all those who were rejected from the Thalidomide Survivors Contribution Program, in a Dispute Resolution Conference to  attempt to reach a mutually acceptable resolution of the dispute about the eligibility and evidentiary requirement

Notices are issued to class members regarding the Deutsche Bank settlement. You can find the long form notice here and the short form notice here. If you wish to opt out of this class action, please review this form carefully.

Justice Belobaba granted a motion to remove some defendants related to Société Générale from the action and to amend the Statement of Claim. You can find His Honour’s Order and the Fresh as Amended Statement of Claim here.

The plaintiff has moved for summary judgment, which motion will be heard together with the certification motion on April 24 and 25, 2019.

Statement of Claim was issued and filed in Federal Court on January 25, 2019.  To view this document, please click here.

Mr. Justice Perell certified this class action against the government of Ontario on December 17, 2018, on behalf of all persons who, while under the age of 18, were placed in Youth Segregation at Youth Justice Facilities that were directly operated by the Ministry of Children and Youth Services between April 1, 2004 and December

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

The portal to make an application for compensation under the settlement fund in this action is now open. A copy of the notice explaining how to apply for compensation is available here.

The Divisional Court dismissed the plaintiff’s appeal of the order dismissing the motion for certification. A copy of the decision is available here.

A Statement of Claim was issued and filed in Federal Court of Canada on December 19, 2018.  To view a copy of the Statement of Claim please click here.

On December 19, 2018, three lawsuits were filed by the Monitor in the Sears CCAA Proceedings, the Hon. Douglas Cunningham, Q.C. the Litigation Trustee as appointed by the Sears CCAA Court, and Morneau Shepell as the replacement Plan Administrator for the Sears Registered Retirement Plan.‎ The claims focus on the declaration of a $509M dividend that was

To view various news reports from CBC, Global News, Winnipeg City News and Winnipeg Free Press pertaining Manitoba Development Centre please click on links below: CBC – $50M lawsuit alleges intellectually disabled residents were sexually abused, starved at Manitoba institution Global News – Class-action lawsuit alleges rape, abuse of patients; seeks $50 M for Manitoba

To view a documentary raising awareness of the Manitoba Development Centre please click here.  

Mr. Justice Belobaba certified this class action on December 14, 2018.  To read the decision click here.  To read the Certification Order click here.

The plaintiff has sought leave to appeal from the decision of the Divisional Court to the Ontario Court of Appeal.

This action has how been certified as a class proceeding. A copy of the certification order is available here.

On October 18, 2018, Representative Counsel entered into a tentative settlement with the CCAA Monitor, along with the Ontario Superintendent of Financial Services on behalf of the Ontario Pension Benefits Guarantee Fund, and Morneau Shepell (the firm appointed as wind up administrator of the Sears Canada Pension Plan), to settle the motion we filed in

Update on Koskie Minsky’s Role as Legal Counsel As of November 30, 2018, the funding from the Nortel Estate for legal and professional services of Former Nortel Employees, Pensioners and Long-Term Disability Beneficiaries has come to an end, and any future legal costs must come out of distributions payable to those individuals. As a result,

As previously indicated, on Wednesday, September 5, 2018, cheques were mailed by the Monitor to employee and retiree creditors based on the claims we submitted in the claims process for Wabush’s estate. Prior to these distributions, we are advised that the Monitor had discussions with the Canada Revenue Agency and Revenue Quebec with respect to

The plaintiff lost their appeal. This means that the court case is not allowed to proceed as a class action. The plaintiff’s next step will be to seek leave to appeal to the Court of Appeal for Ontario. You can read the appeal decision of the Divisional Court by clicking here.

The cross-examinations in this matter have concluded. The next step will be for any refusals motions to be brought arising from the cross-examinations.

Interim Payment for Employee and Unfunded Supplemental Pension Claims The Monitor (EY) has recently advised that they are working towards having the interim payment cheques in respect of employee and unfunded supplemental pension claims printed and mailed by the end of November or by the first week of December at the latest. The amount of

The appeal from the denial of certification will be heard on November 21, 2018 at Osgoode Hall, 130 Queen Street West, Toronto, ON  M5H 2N5 in Courtroom #3.  The Court’s decision will likely be released several months after the court hearing.

If you are a deferred vested member of the Wabush Salaried Pension Plan and you have not returned your completed termination option election form to Morneau Shepell, please contact Morneau Shepell as soon as possible. To avoid delays due to the postal strike, Morneau Shepell will provide instructions on the best way to get your

Morneau Shepell has prepared a member communication letter providing notice of the delay in settlement of pension benefits, which can be found here. The communication has been mailed to all members, but delivery may be delayed due to the rotating postal strike.

The Appeal in this matter will be heard on November 21, 2018 by the Divisional Court.

The certification hearing in this matter has been moved to March, 2019. The result of hearing will be posted here.

A case conference in this case is scheduled for November 16.

The court declined to certify this case as a class action, the reasons can be read here. The plaintiffs have a right of appeal from the decision to not certify.

The court hearing to decide if this case continues as a class action was heard on October 30-31. The Court has indicated a decision will be released sometime in December, although the date could be later. If the plaintiff wins, the case will continue as a class action, unless the defendant wins an appeal.

A settlement has been reached with Morgan Stanley. The hearing to approve the settlement is scheduled for January 24, 2019.

The Federal Court of Appeal overturned the decision of the Federal Court denying certification. The class proceeding is certified. The Federal Court decision is available here. The Federal Court of Appeal decision overturning the Federal Court’s decision is available here.

The Defendant has sought leave to appeal the certification order to the Supreme Court of Canada. The Supreme Court of Canada’s decision on leave is under reserve.

The claims period is open. Please visit the administrator’s website www.lgbtpurgesettlement.com to submit your claim.

The parties have now exchange memoranda of fact and law for the upcoming appeal of the motion judge’s decision not to certify this proceeding as a class proceeding.  You can find a copy of the Plaintiff’s memorandum here, the Attorney General of Canada’s memorandum here, and the Federation of Newfoundland Indians here.  The hearing of

The Plaintiff’s summary judgment motion will be heard on June 11-13, 2019.   Between now and then the Defendants will be serving evidence in response to the motion, cross-examinations of witnesses will occur and the parties will exchange written arguments. The Defendant’s responding materials are currently due to be delivered by November 31, 2018.

On March 7th and 8th, 2019, a hearing will be held at the Financial Services Tribunal about a dispute over refunds to the Pension Benefits Guarantee Fund. To see the Notice of Hearing, please click here.

This matter has been certified as a Class proceeding. The certification order may be found here. The class is defined as: All current and former Inmates, who were alive as of April 20, 2015: I.  Inmates with a Serious Mental Illness a) who were subjected to Administrative Segregation for any length of time at one

The opt out period has now expired.

A decision of the Federal Court of Appeal on the appeal of the denial of certification is expected to be released by November 5, 2018.

This action was certified for settlement purposes against the Deutsche Bank defendants. There will be a motion to approve the settlement.

This action was certified for settlement purposes against the Deutsche Bank defendants. There will be a motion to approve the settlement.

Status of motions for pension priority based on PBA deemed trust and lien and charge Recently, our firm as Representative Counsel, along with Morneau Shepell and the Superintendent of Financial Services, have been in negotiations with the Monitor with respect to settling the motion we filed on behalf of the Sears Pension Plan members, and

Justice Belobaba certified a settlement class and approved notices to the class regarding the Deutsche Bank settlement. You can find a copy of His Honour’s Order and the Settlement Agreement here.

As previously indicated, on Wednesday, September 5, 2018, cheques were mailed to employee and retiree creditors, as part of the first distribution from Wabush’s estate.  These distributions were made to employee and retiree creditors due to amounts owed to them by Wabush Mines. The Monitor has confirmed the following: The total amount distributed to unsecured

The appeal was heard and the panel took the decision under reserve.

The following timetable for the motion for certification is in place: Plaintiff’s motion record March 16, 2018 Defendant’s motion record June 15, 2018 Plaintiff’s rely motion record July 20, 2018 Cross-examinations to be completed by September 14, 2018 Plaintiff’s factum October 23, 2018 Defendant’s responding factum November 20, 2018 Plaintiff’s reply factum December 4, 2018

Certain class members have sought leave to appeal the order approving the settlement. The settlement cannot be implemented until the order approving it is final.

The certification hearing will be heard on October 30-31 at Osgood Hall in Toronto.

On Wednesday, September 5, 2018, the Monitor in the CCAA proceedings mailed cheques to employee creditors, as part of the Initial Distribution of the CCAA Plan of Compromise and Arrangement in respect of any employee claims or terminated health and life insurance benefit (“OPEB”) claims. If you had a claim for termination of employment at

The parties have agreed to adjourn the summary judgment motion in order to conduct settlement discussions. These discussions will continue until December 2018. If no settlement is reached, the summary judgment motion will be rescheduled for Spring 2019.

The defendant’s appeal was largely dismissed. A copy of the reasons will be available shortly.

A copy of the plaintiff’s motion record for certification is available here (volume 1 and volume 2). A copy of the defendant’s responding motion record is available here. A copy of the defendant’s supplemental responding motion record is available here. A copy of the plaintiff’s reply motion record for certification is available here.

Plaintiffs reached a settlement with the Deutsche Bank defendants.

Please click here to obtain a Claim Form.  You must then submit it to the Claims  Administrator no later than August 30, 2019 either (a) by filling out and submitting the electronic version of this form which can be found on the administrator’s website at the following address www.sixtiesscoopsettlement.info/ClaimForm (b) by email, fax or mail, to

The Sixties Scoop settlement has been approved by the Ontario Superior Court and the Federal Court. More information about the settlement, including how to submit a claim, is available in the court-approved notice. A copy of the notice is available here.

Justice Glustein has scheduled the plaintiff’s certification motion in this matter to be heard on April 24 and 25, 2019.

The Monitor (EY) has yet to declare a 2nd CCAA distribution although we are hopeful that this will be done soon. Typically the payment would occur one to two months after the distribution is declared. The amount paid is expected to be small, representing approximately 1.5% to 1.8 % of claims. This compares to the

Justice Perell certified this class proceeding on June 21, 2018 with the consent of Canada. A copy of the Certification Order can be found here. A copy of the Certification Reasons can be found here. The next step in this matter is to disseminate notice of certification to the class, which is expected to occur

Deemed Trust Motion On Friday, July 20, 2018, our firm, on behalf of all retirees and former employees of Sears Canada with pension claims, filed a motion with the CCAA Court seeking, among other things, a declaration that the amount of the pension wind up deficit (the “Wind Up Deficit“) is deemed to be held

This matter has been certified by the order of the Honourable Justice Perell dated July 17, 2018.  To view a copy of the order please click here. The form and content of the notice to be distributed to the class shall be determined by further order of the court. Class Counsel will move forward into

The Plaintiff’s summary judgment motion record is due at the end of August. The summary judgment motion will eventually decide if the plaintiff wins the lawsuit.

The certification hearing is now set to be heard in September.

Cross-examinations have been completed and the plaintiff’s factum is due July 23, 2018.

The parties have served all of the material for the appeal. The appeal will likely be heard in the fall of 2018.

Mediation on June 13-14, 2018  On May 9, 2018, the CCAA Court approved a mediation to be held June 13-14, 2018 among the major stakeholders to discuss various issues, including the allocation of recoveries in the CCAA proceedings. The mediation did not result in a mediated solution among the creditors. Following the mediation, various parties

The parties are in the discovery phase of the litigation.

The parties are in the discovery phase of the litigation.

The Ontario Superior Court Judge denied the motion for approval of the settlement in reasons for decision of June 20, 2018: Marcia Brown v. The Attorney General of Canada June 20, 2018 The Federal Court Judge approved the motion for approval of the settlement in reasons for decision of June 21, 2018: T-2212-16 2018 FC

The Federal Court approved the LGBT Purge settlement. A copy of the approval order is available here. A copy of the notice is available here. A copy of the opt out form is available here. More information is available at the administrator’s website www.lgbtpurgesettlement.com

TD and BMO to be Added as Defendants to FX Class Action On June 13, 2018, the Court of Appeal for Ontario released its decision in the Canadian Foreign Exchange Class Action, permitting the plaintiffs to amend their statement of claim to add TD and BMO as defendants to an existing class action alleging a

On June 5, 2018, the salaried and unionized retirees of Stelco, through their respective benefit and pension plans, sold to Stelco all of Stelco’s current leased premises in Lake Erie and Hamilton, as well as an additional approximately 480 acres of lands in Hamilton (the “Land Transaction”). As a separate but concurrent transaction, the retirees

The Ontario court will hold a hearing on July 4, 2018 at 10:00AM at Osgoode Hall, 130 Queen Street West, Toronto, Ontario during which Class Counsel will seek court approval of a protocol for distributing the aggregate settlement funds, plus accrued interest, less a reserve fund, court approved legal fees and other expenses (the “Distribution

Mr. Brake has filed an appeal of the motion for certification. The Notice of Appeal is available here.

We are pleased to report that, as of May 15, 2018, approximately 83% of eligible Plan members or their surviving spouses voted in favour of the Proposal, and as such, the next steps required for the implementation of the Proposal can proceed.  The first step, the execution of a formal Surplus Sharing Agreement (the “SSA”)

We are pleased to report that, as of May 15, 2018, approximately 80% of eligible Plan members or their surviving spouses voted in favour of the Proposal, and as such, the next steps required for the implementation of the Proposal can proceed.  The first step, the execution of a formal Surplus Sharing Agreement (the “SSA”)

We are pleased to report that we reached two favourable settlements regarding‎ two proceedings, that in combination will translate into meaningful improvements to the pension benefits of the Wabush Salaried employees and retirees as well as a payment toward the terminated OPEBs. The two settlements are described below. The CCAA Plan of Compromise settlement Generally,

The settlement has been approved by the Federal Court. There is also a hearing to approve the settlement before the Ontario Superior Court of Justice on May 29 and 30, 2018. For more information visit the Sixties Scoop settlement website: www. sixtiesscoopsettlement.info

Representative Counsel will be attending the meetings in Sept-Iles and Wabush organized by Morneau Shepell on Monday May 14, 2018 and May 15, 2018 to provide an update on the CCAA proceedings. The location and times of the meetings are as follows: Sept-Iles – Monday, May 14th, 2018 at the Centre des congrès de Sept-Îles Retirees in

The court decided that this case should not be allowed to proceed as a class action. The decision of the court can be read by clicking here.  The Plaintiff intends on appealing the decision. Mr. Brake’s statement:  On May 8, 2018 the Federal Court denied Mr. Brake’s motion to proceed with his class action.    Mr. Brake is

We are pleased to advise that, as of today’s date, we have received Authorization and Retainer forms from approximately 75% of eligible members, as required under the terms of the surplus sharing proposal (the “Proposal”).  While we have reached the required threshold under the terms of the Proposal, members who have not yet submitted their

We are pleased to advise that, as of today’s date, we have received Authorization and Retainer forms from approximately 75% of eligible members, as required under the terms of the surplus sharing proposal (the “Proposal”).  While we have reached the required threshold under the terms of the Proposal, members who have not yet submitted their

Post-filing Claims Process On March 26, 2018, the CCAA Court approved the motion by the Monitor to commence a Post-Filing Claims Procedure. The materials can be viewed here. This claims process is in addition to the existing Restructuring Claims Process, where claims have already been filed, and is designed to capture any amounts that a

Please be advised that Morneau Shepell Ltd., as the Pension Plan Administrator of the five Stelco defined benefit pension plans, including the Hamilton Salaried Plan and the Lake Erie Salaried Plan, will take over the payment of monthly pensions starting May 1, 2018. Morneau Shepell has contracted with the Royal Bank of Canada to make

Copies of the plaintiffs’ motion record, brief, and book of authorities for the motion for settlement approval in the Federal Court are available here.

We have now completed our information sessions, which were well attended.  As of today, we have received Authorization and Retainer forms from approximately 65% of Plan members.  While we are pleased with this result, it is insufficient under the terms of the Proposal to proceed, and as such, Plan members who have not voted in

We have now completed our information sessions, which were well attended.  As of today, we have received Authorization and Retainer forms from approximately 71% of Plan members.  While we are pleased with this result, it is insufficient under the terms of the Proposal to proceed, and as such, Plan members who have not voted in

The Final Settlement Agreement has been concluded. The Federal Court is scheduled to hear a motion approving the settlement and class counsel fees on June 18 and 19, 2018 in Ottawa. To learn more about the settlement, visit the administrator’s website here.

Archived versions of the webinars held on March 28, 2018 are available at the following links: English: http://bell.media-server.com/m/p/gcfxzwhi French: http://bell.media-server.com/m/p/rwsdgqzq To view a copy of the English PowerPoint presentation used for the webinar please click here. To view a copy of the French PowerPoint presentation used for the webinar please click here.

The notice program has commenced with respect to the certification of this matter as a class proceeding and the manner in which class members may opt-out.

The Plaintiffs served their Supplementary Certification Motion Record.

Pension Tax Information for 2017 If you received pension related income in 2017 from the Sears Canada Inc. Registered Retirement Plan, Sears Canada is required to provide you with a T4A tax form identifying these distributions and any related withholdings.  We have received confirmation from Sears Canada that physical copies of the T4A forms were

Upcoming Webinar on March 28, 2018 In order to assist in understanding the Employee and Retirees Claims Process, and what steps – if any – need to be taken by individual claimants, Pension Representative Counsel will be hosting a webinar (in English and in French) on March 28, 2018 at 10 a.m. (EST) in English

The certification hearing will be held at the Federal Court of Canada, 180 Queen Street West, Toronto, Ontario in Courtroom 7C.

In February, 2018, we as Representative Counsel to all retirees and former employees of Sears Canada brought forward a motion to appoint a Litigation Investigator to investigate claims and potential litigation for the benefit of all creditors of Sears Canada. As reported in the public domain, the financial circumstances of the demise of Sears Canada

Tax Slips for 2017 As of February 28, 2018, the Monitor has sent out the tax slips for distributions received in 2017 and they should be received by mid-March, 2018. In order to answer some commonly-asked questions around the taxation of the distributions, we have posted a Tax FAQ which is available at this link

The next step in this proceeding will be for the defendant to file a Responding Motion Record. The Responding Motion Record is due by March 8th.

The next step in this proceeding will be for the defendant to deliver a Responding Motion Record for the certification motion. The Responding Motion Record will be delivered on July 13, 2018.

The defendant has served a copy of their Responding Motion Record. Cross-examinations will be occurring over the next two months.

The plaintiff has completed the discovery examination of the defendant. The next step in this case will be discovery of the plaintiff and then a determination of the merits of the proceeding.

On Thursday, February 22, 2018, the CCAA Court approved the Employee and Retiree Claims Process through which the claims of all employees and retirees of Sears Canada will be valued. For the last three months, Pension Representative Counsel and the Pension Representatives have worked closely with the Monitor and negotiated extensively with the Sears Canada

The parties are now entering the discovery phase of the litigation.

Notice of certification has been sent out.

The appeal of the order denying the plaintiff’s motion for certification has been scheduled for October 16, 2018.

Plan members are encouraged to attend one of the following information sessions, where they will have an opportunity to ask questions of the Committee and their legal and actuarial advisors. A representative of the City of Toronto will also be present to answer your questions. To view a copy of the presentation from the information sessions

Plan members are encouraged to attend one of the following information sessions, where they will have an opportunity to ask questions of the Committee and their legal and actuarial advisors.  A representative of the City of Toronto will also be present to answer your questions.  To view a copy of the presentation from the information sessions

The hearing of the certification motion will take place on March 6 and 7, 2018 at the Federal Court of Canada, 180 Queen Street West, Toronto, Ontario. The hearing will start at 9:30 a.m. The court room will be posted here for anyone who wishes to attend.

The parties have agreed to enter into exploratory settlement discussions. The timetable to certification has been put on hold.

The parties have agreed to enter into exploratory settlement discussions. The timetable to certification has been put on hold.

The certification motion and summary judgment motion in this proceeding have been rescheduled to be heard together on October 22-31, 2018. An updated timetable leading to the certification hearing in this matter has been set. A copy of the timetable can be found here.

A timetable leading to the certification hearing in this matter has been set: Remaining steps to be completed: By which party: Date to be completed by: Certification Motion Materials Plaintiff October 16, 2017 Responding Motion Materials Defendant February 15, 2018 Reply Motion Materials Plaintiff April 30, 2018 Cross-examinations, and any motions arising therefrom, to be

A timetable leading to the certification hearing in this matter has been set: Deadline Event January 22, 2018 Plaintiff to issue and serve Amended Fresh as Amended Statement of Claim February 23, 2018 HMQ to serve Amended Fresh as Amended Statement of defence March 9, 2018 Plaintiff to serve any Reply March 16, 2018 Plaintiff

A settlement agreement has now been reached. For more information and to view a copy of the settlement, visit the Sixties Scoop settlement website https://www.sixtiesscoopsettlement.info/.

On January 15, 2018, the Newfoundland Court of Appeal released its Reference decision on the interpretation of the “deemed trust” provisions in the Newfoundland Pension Benefits Act (“NLPBA”). As we previously reported, the Newfoundland and Labrador government referred certain legal questions relating to the interpretation of the NLPBA to the Court of Appeal after certain

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

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

The hearing of the appeal of Justice McDonald’s decision not to certify this proceeding as a class proceeding was heard this day.  The Federal Court of Appeal reserved its decision.

We are currently in discussions with the company, Monitor and other applicable stakeholders regarding the terms of the Pensioner Claims Process, which will be brought before the court for approval in the near future. As part of the Pensioner Claims Process, a claim will be calculated and advanced for the amounts owing to the Sears

As part of the restructuring, an Employee Life and Health Trust (ELHT) has been established providing a newly designed benefit plan. Information, including a welcome letter and plan summary, has been mailed by Greenshield Canada on behalf of the Trustees to all plan members. Claims have commenced being paid directly from the new ELHT as

On November 15, 2017, the Ontario Superintendent of Financial Services announced that as of January 1, 2018, Morneau Shepell Ltd. would take over the continuing administration of five Stelco defined benefit pension plans, including the Hamilton Salaried Plan and the Lake Erie Salaried Plan. Morneau Shepell has provided an introductory information sheet, which can be

The CCAA Court recently approved a general claims process established by Sears Canada to identify certain creditor claims against the company and former directors and officers of the company (the “Claims Procedure Order”). Pursuant to the Claims Procedure Order, a letter will be mailed shortly to all non-unionized employees and retirees of Sears Canada providing

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