Message #1163

[Kenneth H. Young]

from our lawyers in the clas action law suit.

From: Casey Churko
Sent: Monday, January 11, 2010 2:16 PM
To: 'Cpl. Kenneth H. Young CD (ret)'
Subject: RE: Question


Justice Zarzeczny dismissed the certification motion in Saskatchewan.  He said how great he thought Justice McNally’s reasons were in New Brunswick and followed his reasoning there – i.e. too  many individual issues regarding who was there, where, and when, and how they were potentially exposed. 

 

We applied for leave to appeal, and the motion is currently scheduled to be heard in the Saskatchewan Court of Appeal on February 24, 2010, but the Government is trying to adjourn.  If the motion is dismissed, we may have to advance the actions in other provinces in a series of smaller class actions rather than one large national class action. 

 

If the Newfoundland Court of Appeal allows the government’s appeal on similar reasoning, or if we succeed and the Supreme Court of Canada overturns the NLCA, then class members may have to file their own actions or not sue at all.  Mr. Merchant, Q.C. will decide how to advance the various class actions in the different courts as the decisions come in. 

 

Class members may want to now file individual actions because of how long the process takes.  I estimate at least another year before there is greater finality for or against whether and where any class action may proceed.