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.
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:
For more information about the class action click on the links below:
This website is intended to provide general comments on developments in the Air France Flight 358 class action. It is not intended to be a comprehensive review nor is it intended to provide legal advice. Readers should not act on the information contained on this website without seeking specific legal advice on their particular situation. Class counsel will be pleased to provide legal advice to individual class members.