May 24, 2019
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. Canada wants the motion heard within 12 days – on June 5, 2019. Canada did so despite the fact that it agreed to participate in a Dispute Resolution Conference (a judicial mediation) to be held on June 17, 2019.
It appears Canada wants to avoid a determination of whether the TSCP was fair or not and whether it should be required to make retroactive payments to class members who were unfairly rejected under the TSCP and who subsequently get approved. The Applicant will be strenuously opposing the motion and, in particular, the timing of the motion. A Case Management Conference has been scheduled for May 30 to address this motion.