November 7, 2019
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 Agreement will be at issue and entitlement to reconsideration under the Original Agreement and potential damages will be sought.
Mr. Gregory Collins was appointed to replace Jerry Brake, who recently passed away.
The Federal Court of Appeal certified this proceeding in the face of the decision in Wells v. AGC (and the recent decision in Abbott v AGC), finding that such a decision was not specifically binding on the class.
The next steps in this proceeding will be to formally amend the application and initiate a statement of claim in Mr. Collins’ name and disseminate notice of certification to the class. Those steps may take several weeks to complete.