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Exposure to Tuberculosis #1 (February 1, 2003 to October 23, 2003)
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To contact us please call our 24 hour hotline number at
1-866-545-9919 or e-mail us at
tbclassaction@kmlaw.ca. |
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FREQUENTLY ASKED QUESTIONS
Who pays the cost of pursuing the claim?
We do. We will be compensated for our time and disbursements only if we achieve
a successful recovery for the plaintiffs.
How will I keep informed of developments?
This web site shall be continuously maintained and updated to report material
events.
How do I register as a plaintiff?
Please see our home page for particulars.
What is certification of a class proceeding?
Certification of a class proceeding is an order which certifies the proceeding
as a class proceeding and which appoints a person as Representative Plaintiff
for the class. The criteria for granting certification are set out on Section 5
(1) of the Class Proceedings Act which states as follows:
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the pleadings or the notice of application discloses a cause of
action;
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there is an identifiable class of two or more persons that
would be represented by the representative or defendant;
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the claims or defence of the class members raise common issues;
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a class proceeding would be the preferable procedure for the
resolution of the common issues; and
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there is a representative plaintiff or defendant who,
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would fairly and adequately represent the interest of the
class,
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has produced a plan for the proceeding that sets out a workable
method of advancing the proceeding on behalf of the class and of notifying
class members of the proceeding, and
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does not have, on the common issues for the class, an interest
in or conflict with the interests of other class members.
As a Class Member will I receive notice of the certification of the
class proceeding?
Yes. After the claim has been certified, the Representative Plaintiff has
responsibility for giving notice of certification of the action to members of
the class.
What if I want to pursue my legal remedies on my own?
If a member wishes to pursue his/her legal remedies, he/she must signify their
decision by opting out by sending a notice to a particular address that should
be set out in the notice. If you opt out, you will not receive anything if the
action is successful.
If I don't opt out, will I be bound by the decision of the Court?
Yes. Each member is responsible for deciding whether they wish to "opt out". If
they do not send a notice stating they want to opt out within the time period
provided to them then they are a part of the lawsuit.
If I don't opt out, will I be liable for any court costs?
Individual class members are not liable for any court costs. However, there is
usually fund raising held by the plaintiff's attorney(s) for the class members
to make contributions towards disbursements. This is not mandatory but it will
definitely help ensure the overall success of the action.
I still have questions…
Please feel to contact us by leaving us a message at our 24 hour hotline number
at 1-866-545-9919 or e-mail us at
tbclassaction@kmlaw.ca.
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