home
contact us
site map
disclaimer
privacy policy


Class Actions
  Yorkton Securities
 
Home
 
Class Action Status
 
Class Action Lawyers
 
Court Documents
 
F.A.Q.s

Pension Surplus

Bankruptcy and Insolvency

Other Cases





  Client Links


 Publications



 Our Firm


Yorkton Securities



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.

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:
  1. the pleadings or the notice of application discloses a cause of action;
  2. there is an identifiable class of two or more persons that would be represented by the representative or defendant;
  3. the claims or defence of the class members raise common issues;
  4. a class proceeding would be the preferable procedure for the resolution of the common issues; and
  5. there is a representative plaintiff or defendant who,
    1. would fairly and adequately represent the interest of the class,
    2. 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
    3. does not have, on the common issues for the class, an interest in or conflict with the interests of other class members.
How will I keep informed of developments and inquires about any entitlement under the settlement?
You should contact the settlement administrator at 1 866 669-6615.

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 free to contact our 24 hour hotline number at 1-888-502-7455 or email us at yorktonclass@kmlaw.ca.



Copyright © Koskie Minsky LLP, 2008