Caledonia Compensation Plan - Final Settlement
Notice To The Honourable Justice Lococo
Notice To Claimants
May 29, 2017
This notice is in regard to the final settlement funds held in trust by Findlay McCarthy Professional Corporation on behalf of the registered class members of the Caledonia Class Action as determined by the Caledonia Compensation Plan.
Following the initial distribution of the Caledonia Compensation Plan, settlement funds were held back pending final direction from the court.
PRO-C Limited is the court appointed final administrator of these funds.
Findlay McCarthy PC has used the settlement funds held in trust for the final administration of the Caledonia Compensation Plan and have been unable to replenish these funds in order to effect the final distribution at this time.
It has been brought to the attention of PRO-C Limited, today May 29, 2017, that Findlay McCarthy PC has filed a self reporting complaint to the Law Society of Upper Canada concerning the above.
PRO-C Limited, in its capacity of final administrator, is unable therefore, to perfect distribution of the Caledonia Compensation Plan final settlement funds as per the dictates of the Court Order of the Honourable Justice Lococo dated January 23, 2017 to the registered class members at this time.
An update will be posted to this website when more information becomes available.
We apologize for any inconvenience caused.
Court Appointed Final Administrator of the Caledonia Compensation Fund as of January 23, 2017
May 29, 2017
Caledonia Compensation Plan - Background to the Final Settlement
A reserve of $1,500,000.00 was made in June of 2012 to provide for accommodation of any claims against the fund that might be made after the deadline for making application for funding.
These claims would be claims that might have some reason to make a claim under equitable principles, principles of natural justice or principles set out the Class Proceedings Act, the Judicial Review Procedure Act or the Statutory Procedures Act. The final calculation and determination of the final amounts payable to these claimants required a final determination of each of these applications. I am pleased to report that all of these applications have now been considered and dealt with in accordance with the provisions of the Class Proceedings Act.
The approval of the final distribution of the funds held back was finally obtained on January 23, 2017 by the Honourable Justice Richard Lococo. The motion for approval was not opposed by the Government of Ontario. A copy of Justice Lococo's Order can be found on the Case Developments Page.
As approved by Justice Lococo's Order, PRO-C Limited has been retained by class counsel to provide assistance with the final administration of the fund. PRO-C Limited, in conjunction with class counsel, has formulated the final notices and necessary releases to carry out the distribution. The databases for each of the classes have been compiled. PRO-C Limited has developed the algorithm to calculate the amounts that will be payable to each of the class members that are entitled to further payments in the 4 separate subclasses that make up the entire class membership.
The distribution will be made in compliance with the previously approved Caledonia Compensation Plan, a copy of which can be viewed below.
Please keep in mind that under the Plan, not all claimants are entitled to additional payments. Members of the Caledonia Business Class and the Highway 6 Class who had chosen Option 1 or who had chosen Option 2 and received the entire amount of their adjudicated damages will not receive any further payment.
Those that are entitled to a further payment will soon be receiving a letter that will confirm the amount that is to be distributed and which will contain a Full and Final Release to be signed by those designated to receive payment. Upon return and receipt by class counsel of the Full and Final Release, a final cheque will be provided by mail. We will be preparing the distribution in the following order: (1) the Property Occupiers' Class, (2) the Contractors Class, and (3) the Caledonia Business Class and Highway 6 Class together.
We are anticipating that we will be in a position to distribute payments to the Property Occupiers' Class by the end of March, 2017 and the Contractors Class by the end of April, 2017.
The payment to the Caledonia Business Class and the Highway 6 Class will not be made until all of the releases are obtained from the class members that are entitled to compensation. This is because once the distribution is made there will be no opportunity to readjust the payments if there is an objection to the amount. We anticipate that we will be able to make the final distribution for these two classes by the end of May, 2017.
If you have any questions, please use the Contact Us page on the website and we will attempt to respond to any inquiry in a timely fashion.March 14, 2017
Compensation Plan and Applications
The submission date for an application for compensation is now closed.
The motion to seek court approval for final distribution of the monies held in reserve was approved by Justice Richard Lococo on January 23, 2017. The final distribution of settlement funds to adjudicated successful applicants will begin in March 2017.
Applicants who qualify for a final settlement will be notified by mail. The distribution of the final payments will commence by mailing of confirmation of the addresses, the amounts payable, and the final releases. Upon receipt of the confirmations and releases the funds will be released accordingly.
Final Distribution Schedule
NOTICE TO PROPERTY OCCUPIERS CLASS MEMBERS
May 1, 2017
Please be advised that there will be slight delay in distributing the final cheques for compensation. TD Canada Trust has advised the original bank account for the Caledonia Compensation Plan, which was in the name of Findlay McCarthy LLP, has been closed because of the change from Findlay McCarthy LLP to Findlay McCarthy Professional Corporation. As a result we have had to redo the cheques out of the Findlay McCarthy Professional Corporation account which will create a slight delay of approximately 10 days.
We are sorry for any inconvenience.
Frequently Asked Questions
If you have questions regarding the process of receiving your final settlement payment please read our Frequently Asked Questions Page.
Change of Address Notifications
If you are an adjudicated successful applicant to the Caledonia Class Action and you have changed your address since last we contacted you in 2012 please email your name and new address to:-
Change of Circumstance Notifications
If you are an adjudicated successful applicant to the Caledonia Class Action and there has been a material change in circumstances since we last contacted you in 2012 which would impact the distribution of your final settlement funds please email:-
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