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CANADIAN ARMED FORCES CLASS ACTION UPDATE

Victor Lewin - Tuesday, March 07, 2017

On November 21, 2016, Wagners commenced a proposed national class action on behalf of female members of the Canadian Armed Forces. This update is intended to inform you about the status of the proposed class action.

RECENT CASE MANAGEMENT CONFERENCE

On February 22, 2017, Wagners appeared before the Honourable Justice Ann E. Smith for a case management conference. Counsel for the Defendant, the Attorney General of Canada (the Canadian Armed Forces), was also present at the conference.

AMENDMENTS TO CLASS DEFINITION

Wagners will file an amended claim by the end of March. The purpose of the amendment is to revise the proposed class definition. The amended class definition will clarify the essence of the lawsuit, make it clear that class members do not need to be present in Canada now or at the time of the incidents in question, and that claims pre-dating a piece of legislation called the Crown Liability Act of 1952 are not included in the class action.

PRE-CERTIFICATION MOTIONS

All proposed class actions filed in Canada must be certified by a judge before they can proceed to trial. It is at trial that the merits of the Plaintiff’s allegations are assessed.

The Defendant has advised Wagners that it may file motions prior to the hearing of the Plaintiff’s motion to certify the class action. A deadline of May 5, 2017 has been set for the Defendant to advise Wagners if they will bring any such motions prior to the certification motion. This could impact the dates of the certification motion.

SCHEDULING THE CERTIFICATION MOTION

The certification motion is presently scheduled to occur in the fall of 2018. This may change if the Defendant asks the judge to decide other issues before the certification motion.

Wagners will have more information on the schedule in the middle of May 2017, after the Defendant has indicated its position.

Please do not hesitate to contact us by email at classaction@wagners.co or call toll free at 1-800-465-8794 for more information. All communications with Wagners are confidential.

 

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