Archives: Class Action Developments

On October 5, 2023, the Court heard two separate motions. Manitoba brought a motion to strike the proposed class action and the plaintiff brought a motion to add Winnipeg as a defendant to the proposed class action. Winnipeg resisted the motion on substantially the same basis as submitted by Manitoba on their motion to strike.

On October 5, 2023, the Court heard two separate motions. Manitoba brought a motion to strike the proposed class action and the plaintiff brought a motion to add Winnipeg as a defendant to the proposed class action. Winnipeg resisted the motion on substantially the same basis as submitted by Manitoba on their motion to strike.

This case is currently certified as a class proceeding.

On October, 22, 2021, this case was certified as a class action.  On March 23, 2023, Revolution’s appeal of that order was denied.  Revolution has sought leave to appeal to the Supreme Court of Canada.

BC Action:

On September 25, 2023 Justice Brundrett of the BC Supreme Court issued reasons for judgment certifying the action as a class proceeding and dismissing the defendants’ application for summary judgment and dismissal of the action.  The defendants are appealing the decision.

If you think you may be a class member and have questions or wish to receive further updates, please contact us via email at [email protected] or call CFM Lawyers at 604-689-7555.

On May 17, 2023, the class action was settled against the Jack Hulland Elementary School Council of Area #22 in exchange for the council providing the plaintiffs with cooperation in the nature of documents and information. Settlement Class Members are barred from bringing related claims against the Jack Hulland Elementary School Council of Area #22.

For more information about the settlement, please review the Notice of Settlement Hearing or contact Class Counsel.

A copy of the Settlement Agreement, the Short-Form Notice of Settlement Hearing, and the Long-Form Notice of Settlement Hearing are available under Documents.

There is a proposed settlement claim against the School Council and is set for hearing on April 19. 2023. Please click on the link below for full details.

On March 13, 2023, the Ontario Superior Court of Justice granted the plaintiffs’ motion for leave to file a Further Fresh as Amended Statement of Claim. The Further Fresh as Amended Statement of Claim adds particulars and expand the area of downtown Ottawa included in the Occupation Zone and covered by the lawsuit. The Further Fresh as Amended Statement of Claim also adds several defendants, including defendants that would serve as representatives for all owners and operators of semi-trucks who participated in the Freedom Convoy and for all those who donated to the Freedom Convoy after February 4, 2022.

At the same time that the Court granted the plaintiffs’ motion to amend, the Court also largely dismissed a motion brought by some of the defendants to strike the plaintiffs’ claims against them.

Our notice of Certification has been approved by the Court. If you were a registered guest of the motel on July 8, 2020, or you were present at the time of the Fire, you may be a Class Member. For more information, please view the Publication Notice under Documents.

If you would like to receive direct notification of any future developments and notices approved by the Court, please contact Camp Fiorante Matthews Mogerman at [email protected].

On February 17, 2022, the Ontario Superior Court of Justice granted the plaintiffs’ motion for a Mareva injunction to prevent some of the Defendants from using or dissipating funds collected to support the Freedom Convoy. The Mareva injunction has since been replaced by a preservation order. Undistributed funds raised to support the convoy are currently frozen under this court order.

A proposed class action has been commenced in the Court of King’s Bench of Manitoba alleging that the Province of Manitoba overcharged Class Members in their collection of Photo Radar Speeding Fines.

The Court of Appeal dismissed the appeals on February 15, 2023.

The claims deadline for merchants to submit a claim has now passed. The deadline was December 30, 2022 and the portal is now inactive.

On December 6, 2022 Justice Church issued reasons for judgment certifying the case as a class proceeding. The Action is now officially a “class action” and is brought on behalf of all members of the “Class”.

The class action can now proceed to the next steps in the case, which include getting discovery from the defendants and preparing for trial on issues that are common to all Class Members.

Our notice of Certification has been approved by the Court. If you were a registered guest of the motel on July 8, 2020, or you were present at the time of the Fire, you may be a Class Member. For more information please view the Publication Notice under Documents.

If you would like to receive direct notification of any future developments and notices approved by the Court, please contact CFM Lawyers

The Supreme Court of Canada (SCC) dismissed the Canadian Transportation Accident Investigation and Safety Board’s (TSB) appeal of the order for production of the cockpit voice recorder (CVR). The TSB will now have to release the CVR to the plaintiffs, along with the defendants Airbus, HIAA and Nav Canada. The CVR is instrumental in determining liability. After a three year delay caused by the TSB’s appeals, The plaintiffs will now return to the Supreme Court of Nova Scotia to determine next steps to the trial on common issues. A copy of the SCC reasons may be found under Documents.

The Claims Deadline of November 14, 2022, has now passed, and no further claims may be filed. The Administrator, RicePoint Administration Inc., is reviewing the claims received before the deadline and will contact you if further information is required. All payment have been distributed to Class Members who filed for the minimum $20 payment and to Class Members who filed documented claims for more than the minimum $20 payment.

By reasons dated October 6, 2022, the action was certified as a class proceeding.  In the same decision, the court also dismissed the defendants’ jurisdictional challenge and evidentiary objections.  This decision is currently being appealed.

The claims period for consumers and volume licensees has closed and approved claimants across Canada will soon be receiving funds. Now over $100 million of the remaining settlement funds is being used to give students at K-12 schools and post-secondary institutions across Canada access to new computer hardware, software and related training.

Settlement funds will be distributed to Canadian educational institutions in the form of vouchers for new hardware and software. Some of the funds will go towards new hardware for K-12 schools, with a priority on underserved schools that would benefit from increased student access to computer learning. The rest of the funds will go towards new software for both K-12 schools and post-secondary institutions, prioritizing those which would benefit most from increased access to software. Institutions can also use their vouchers for professional development services to help teachers take full advantage of the new technology in their classrooms.

Eligibility for the school voucher program is being determined by an oversight committee of educators which will also monitor and report on the impact of the program. To launch the program, a small number of educational institutions across Canada were selected by the oversight committee to receive vouchers for the upcoming school year (starting September 2022). Distribution of vouchers to these institutions is underway. The remainder of the settlement funds will be made available for hardware and software vouchers for educational institutions across Canada later in 2022-23.

For further information about the vouchers for educational institutions, please visit the settlement website at: https://www.thatsuitemoney.ca/

The ROHM and HDK settlement agreements were approved by the Courts in 2022.

Discontinuances have been issued as against the Murata Manufacturing Co., Ltd., Murata Electronics North America, Inc. Panasonic Industrial Devices Sales Company of America , Yageo Corporation, Yageo America Corporation, and Vishay Intertechnology, Inc.