Class Action Suits

Cannon Settlement Approved

On Friday, April 28, 2017 the court approved the final settlement in this matter. All claims, counterclaims, cross-claims and Third Party Claims have been dismissed. A copy of the settlement approval order may be accessed below.

The settlement provides for the payment of $17.5 million. After payment of legal fees, the Class Proceedings Fund levy and administrative costs, the balance will be distributed to all class members who submit a valid claim form by July 31, 2017, which is the Claim Deadline. Claims submitted after that date will not be accepted.

A notice respecting the settlement approval, and explaining how to make a claim will be sent to the last known addresses for all class members. Prepopulated claim forms will be accessible by Internet using a unique identifier which the claims administrator will include with the notice. Blank claim forms will be posted shortly.

PDF IconCannon Settlement Approval Order

Settlement reached with ParkLane and other Remaining Defendants

Settlement reached with the Remaining Defendants – ParkLane Financial Corporation, Trafalgar Associates Limited, Trafalgar Trading Limited, and Appleby Services (Bermuda) Limited as the Trustee of the Bermuda Longtail Trust

On March 8, 2017, the Plaintiff entered into a settlement agreement with the remaining Defendants in this action.

Under the terms of the proposed settlement, the Remaining Defendants will pay to the Class $17,500,000 plus $164,931.50 of accrued interest in exchange for a full and final release of all claims brought in the proceeding.

The settlement also requires the dismissal of all Third Party Claims, cross-claims and counterclaims. It is intended to bring all aspects of the dispute to an end. The Remaining Defendants have not admitted any liability, and continue to strongly deny any wrongdoing.

The settlement requires the approval of the Court before it will take effect. The motion for approval of the settlement is scheduled for Friday, April 24, 2017. The notice advising of the settlement approval hearing, and your rights with respect to that hearing is posted below.

Class counsel will also be seeking approval for the payment of their legal fees and disbursements from the settlement fund, in accordance with the terms of their retainer agreement with the representative plaintiff. They will be asking the court to approve legal fees of $5,829,427.20, or 33% of the settlement fund (+ HST). In addition 10% of the net settlement must be paid to the Class Proceedings Fund as its levy.

The settlement agreement can be reviewed in full below.

The affidavits of Class Counsel and of the representative plaintiff, Mr. Cannon, which set out why they have concluded that this settlement is fair and reasonable and in the best interests of the class will also be posted below, by no later than March 31, 2017.

Questions regarding the proposed settlement should be directed to:

info@parklaneclassaction.com, or
1-888-684-5545

PDF IconCannon Fully Executed Settlement Agreement
Notice of Settlement Hearing (English)
Notice of Settlement Hearing (French)
Affidavit of the Representative Plaintiff, Mr. Cannon
Affidavit of D Fogel re Fee Approval – affirmed April 12 2017
Affidavit of D Fogel re Settlement Approval – affirmed April 13 2017

Actions Consolidated

Justice Belobaba has ordered that the actions involving Salim Damji’s Tooth Whitening Fraud are to proceed with common documentary and oral discovery, and shall be heard one after another as the trial judge directs. Justice Belobaba has also approved a litigation plan to move the actions forward and service of documentation by e-mail. A copy of Justice Belobaba’s Orders are found below:

PDF IconJuma v. Western Union – July 12, 2016
Kherani v. Bank of Montreal – July 12, 2016
Lalani v. Reeves – July 12, 2016
Mirshahi v. Suleman et al. – July 12, 2016
Palsetia v. Suleman et al. – July 12, 2016
Pardhan v. Bank of Montreal – July 12, 2016

Notice of Certification against Western Union

On July 12, 2016, Justice Belobaba approved the Notice of Certification in the class action against Western Union. The Notice of Certification can be viewed below. It is important that you read the Notice of Certification carefully as it may affect your rights. If you wish to opt-out of the Juma v. Western Union Class Action you need to do so in writing by no later than January 15, 2017 at 5:00pm.

PDF IconNotice of Certification

Action against Western Union Certified

On July 12, 2016, Justice Belobaba certified the class action against Western Union. Belobaba J’s. Order is available to be viewed below. Also available below is the most current Amended Statement of Claim and Statement of Defence in this action.

PDF IconCertification Order – Juma v. Western Union – October 6, 2016
Amended Statement of Claim – Juma v. Western Union – April 26, 2016
Statement of Defence – Juma v. Western Union – May 5, 2010

Bell Class Action: What to do if you think you are an eligible class member

The certification order defines who are class members entitled to share in the settlement. The class is defined as

All persons who before April 13, 2010:

a) was a resident in the Northwest Territories, Yukon (excluding Whitehorse), or Nunavut;
b) entered into an with agreement with Bell Mobility Inc. to receive cellular phone services;
c) was charged 911 emergency access fees; and
d) have no 911 live operator where they reside or associated with their telephone area code.

If you think you are an eligible class member, please e-mail Sam Marr at smarr@lmklawyers.com and Lynda at lynda@lmklawyers.com with the following information (or as much of the information as you have):

a. Current name and any former name;
b. Current Address;
c. Former address, if any;
d. Phone Number; and
e. Account Number.

We will pass on your contact information to Bell Mobility by sending it to their lawyers. Under the terms of the settlement It is Bell Mobility that will distributing the settlement funds to Class members.

PDF IconCBC News – June 29, 2016
Whitehorse Daily Star – June 29 2016

Court Approves Settlement with Bell Mobility Inc.

On June 6, 2016, Justice Veale approved the settlement agreement entered into between the class representatives and Bell Mobility Inc., and approved Class Counsel’s fees. Please read the Notice of Court Approval of Settlement in Anderson et al. v. Bell Mobility Inc. below as your rights may be affected. Please also read Justice Veale’s Order dated June 6, 2016, which can be found below.

PDF IconNotice of Court Approval of Settlement
Justice Veale’s Order

Document Reviewers sue Deloitte and Procom

In March 2015, Shireen Sondhi decided to sue Deloitte & Touche LLP, Deloitte Management Services LP, and Procom Consultants Group Ltd, for, among other things, misclassifying her and proposed class members as independent contractors, and for failing to properly remunerate her and the proposed class members. Shireen will be asking the Court to, among other things, (i) approve that she stand as the representative plaintiff, (ii) approve this action as a class proceeding, and (iii) certify that the class is comprised of all persons having performed or are currently performing document review services at ATD Legal Services and/or Deloitte who have been classified as ‘independent contractors’.

PDF IconFresh as Amended Statement of Claim amended April 13, 2016

CBC News: N.W.T. judge approves $1M Bell Mobility 911 settlement

‘You’ve done a great service to Northerners to bring this matter forward,’ judge tells plaintiffs

CBC News Posted: Jun 06, 2016

An N.W.T. judge has approved a $1 million settlement in a class action lawsuit against Bell Mobility for billing Northern customers for a 911 service that doesn’t exist.

PDF IconCBC News article