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Participating Co-operatives Pension Plan
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To contact us please call our 24 hour toll-free number at
1-866-474-1740 or send us an
e-mail |
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FREQUENTLY ASKED QUESTIONS
Who pays the cost of pursuing the claim?
We will be compensated for our time and disbursements only if we achieve a
successful recovery for the plaintiffs as a result of a trial or a settlement.
The Ontario Class Proceedings Fund has been reimbursing us for some of the
out-of-pocket disbursements incurred.
How will I keep informed of developments?
This web site will be maintained and updated to report material events.
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. As the proceeding has been certified, if you are a member of the class,
you should have received a copy of the Notice of Certification in Spring 2005.
What if I want to pursue my legal remedies on my own?
If a member wishes to pursue his/her legal remedies, s/he must signify his/her
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 may not receive anything if the
action is successful. The opt out deadline was June 30, 2005. This deadline was
specified in the Notices that were mailed Spring 2005.
If I did not opt out, will I be bound by the decision of the Court?
Yes. Each class member is responsible for deciding whether they wish to "opt
out". If they did not send a notice stating they wanted to opt out by June 30,
2005, then they are a part of the lawsuit.
If I did not opt out, will I be liable for any court costs?
Individual class members are not liable for any court costs. This proceeding is
also receiving some funding for disbursements from the Class Proceedings Fund.
I still have questions…
Please feel free to contact us at our 24-hour toll-free number at
1-866-474-1740 where we record the current status of this matter and where you
may leave us a detailed message. You can also email us at:
cooperativespension@kmlaw.ca.
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