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Air France Flight 358 - Passengers and Family Members
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On August 2, 2005, Air France
Flight 358 en route from Paris to Toronto crashed and burned while attempting
to land at Pearson International Airport. The Airbus A340 aircraft overran
the runway, came to a stop in a gulley and burst into flames. All passengers
and crew members survived, but some passengers suffered personal injuries
including emotional distress during the landing and/or the emergency evacuation.
The baggage of the majority of the passengers was damaged or destroyed.
A proceeding was commenced on
behalf of the passengers on Air France Flight 358 and on behalf of family
members of such passengers. On June 1, 2006, the Ontario Superior
Court ordered that the proceeding may proceed as a class action.
In accordance with the Court Order, Camp Fiorante Matthews ("CFM") has notified passengers of the class action. The
Court Ordered Notice and further information concerning this class action
is provided below.
- Court Ordered Notice
of Class Action: If you were a passenger on Air France
Flight 358 or if you are a family member of such a passenger, please
click on the Notice link and review the Court Ordered Notice. (Notice)
(Avis)
- Opt Out of Class
Action: The time to opt out of the Class Action has now expired.
UPDATE: January 25, 2011
Class counsel has achieved settlement with all defendants in this matter. The settlement agreements and the court’s judgments regarding each settlement can be viewed below. The global settlement total was for $20,750,000. In addition, Class Counsel have recovered approximately $50,000 in costs as a result of success on various motions plus a modest amount of accrued interest of approximately $50,000, all of which will be added to the settlement fund.
Class counsel is now assisting the claims administrator to expeditiously process each individual claim. Processing of payments to Class Members will begin once all Class Members have signed and submitted the required release forms and all reviews of class member claims are complete. It is not known at this stage exactly how long the reviews will take but Class Counsel are striving to have the settlement funds issued to class members by no later than mid-April 2011.
Legal Fees and Disbursements: The Court also approved class counsel fees in the amount of $6,225,000, plus applicable General Services Tax (GST) of $311,250 and additional case expenses in the amount of $165,174.99. The Court also approved payment of $18,403.76 in overlooked GST from previously approved class counsel disbursements and $22,275 for payment of deferred expert fees. Class counsel are entitled to be paid disbursements forthwith but class counsel have undertaken not to be paid class counsel fees until the class members have been paid from the settlement fund. In addition, the Court approved a hold back of $25,000 to cover any additional expenses incurred up to February 28, 2011 for the completion of the case. Any expenses recovered out of this whole back are subject to prior court approval. Any funds remaining in this hold back at the conclusion of the case will be added to the settlement fund for distribution to class members.
Below are links to the following:
Settlement Agreement with Air France
Settlement Agreement with Airbus and Goodrich
Settlement Agreement with GTAA
Settlement Agreement with Nav Canada
Reasons for Judgment of Justice Lax dated December 24, 2009
* This judgment approves the settlements reached with Air France, Airbus and Goodrich
Endorsement of Justice Lax dated June 28, 2010
* This judgment approves the settlement reached with GTAA
Endorsement of Justice Strathy dated January 21, 2011
* This judgment approves the settlement reached with Nav Canada
Claim Process
For more information about the
class action click on the links below:
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