On January 30, 2018, class counsel filed a motion in Federal Court requesting a hearing as soon as possible, and in any event, before the claim deadline (February 8, 2018).
The motion asks for an order granting an extension to file a claim until May 22, 2018. The extension would only apply to primary class members who, on or before February 8, 2018, either open, or have opened, an online account with the Office of the Independent Assessor; or have informed Class Counsel in writing that they intend to make a claim under the Settlement Agreement.
All the parties to the Merlo Davidson Settlement Agreement are consenting to this change.
Should the Federal Court grant the requested motion, any Primary Class member who wishes to signal their intention to make a claim may, on or before to February 8, 2018:
- Create an online account via the secure web portal on the Independent Assessor’s website;
- Write to Class Counsel informing them of an intention to file a claim. Your email or letter must be delivered to Class counsel on or before February 8, 2018:
|KLEIN LAWYERS LLP|
1385 West 8th Avenue #400
Vancouver, BC, V6H 3V9
|KIM SPENCER MCPHEE BARRISTERS P.C.|
Megan B. McPhee
19 Mercer Street, Suite 400
Toronto, ON, M5V 1H2
If a primary class member does not open an online account with the Office of the Independent Assessor or inform Class Counsel in writing that they intend to make a claim on or before February 8, 2018, the existing rules on extensions apply; extensions will only be granted on the basis of exceptional circumstances and only if a completed claim form is submitted along with the request for an extension.