Archives: Class Action Developments

The NSK settlement agreement was approved by the courts in 2022.

Class counsel will seek approval of a distribution plan at a future date.

The claims process for the Credit Card Interchange Fees Class Action is now open. To make a claim, please visit https://www.creditcardstatements.ca to obtain a paper claims form or use the online claims portal.

The claim period has ended and the deadline for the claims administrator to review all claims was May 16, 2022.

MARCH 11, 2022 UPDATE: The Administrator has confirmed that payments will be issued to settlement class members within the next two weeks. Payments will be mailed and addressed to settlement class members based on the information provided in the Claims Form that was submitted to the Administrator in 2021.

The Ontario Superior Court of Justice granted the plaintiff’s motion for an interlocutory injunction to prevent Freedom Convoy participants from using air horns or train horns in the area of downtown Ottawa on February 7th, 2022. The injunction was extended for another 60 days on February 16, 2022.

Gatos Silver class action launched. Click here for news release.

The Kamaya settlement agreement was approved by the Courts in 2022.

The Canadian Transportation Accident Investigation and Safety Board applied for and received leave to appeal to the Supreme Court of Canada (SCC) regarding the order for production of the cockpit voice recorder by the Nova Scotia Court of Appeal. The SCC hearing is scheduled for March 17, 2022. The trial on common issues cannot proceed until this appeal has been determined.

Updates have been made to the distribution plan after consultation with merchants. Changes made since the initial Distribution plan was posted on October 7, 2021 are currently being considered by class counsel.

The Court granted the plaintiff’s request to certify the action against Jamieson.

The Credit Card Actions have been certified for settlement as against Royal Bank of Canada, The Toronto-Dominion Bank, Canadian Imperial Bank of Commerce, Bank of Montreal and The Bank of Nova Scotia. The settlement approval hearing will take place by video link as directed by the Courts  on December 6, 2021.

The deadline for volume licensee claims is October 23, 2021. The claims period for individual consumers is now closed.

This case was certified as a class action following the second certification hearing held September 23 and 24, 2021. Revolution has appealed the British Columbia Supreme Court class certification decision. The appeal hearing date has yet to be scheduled.

New settlements have been reached with TD, RBC, Credit Suisse and Deutsche Bank totalling approximately $23.8 million.

The Court granted the plaintiff’s request to certify the action against WN Pharmaceuticals and Natural Factors Nutritional Products Limited but did not certify the case against Jamieson Pharmaceuticals Ltd. The Court allowed the plaintiff to file supplemental evidence in support of her case against Jamieson.

Settlement Approval

A settlement has been reached on a national level with Vita Health Products Inc. and Sisu, Inc. (the “Vita/Sisu Settlement Agreement”). The Vita/Sisu Settlement Agreement was approved by the Court on June 1, 2021.

On May 31, 2021: The Divisional Court dismissed the plaintiffs’ appeal of the denial of certification. The plaintiffs are considering next steps.

On May 21, 2021, the BC Court approved the settlement agreement with Air Canada and AC Cargo Limited Partnership (“Air Canada”).

As the Air Canada and British Airways PLC settlement agreements were approved by the courts, this litigation is resolved in its entirety.

Original Claimants: If your claim was approved in the first distribution, you had to file an abbreviated claim that confirmed your contact information and provided a statement of release. Your claim was valued based on the information provided in the first distribution.

New Claimants: If you did not file a claim in the first distribution, you had to file a complete claim to be eligible for payment. Where available, you were able to rely on sales records provided by the defendants, the International Air Transport Association and/or freight forwarders to establish your purchases. You were also able to provide your own purchase records.

Claims deadline was July 4, 2022.