Caledonia Class Action
Caledonia Compensation Plan - Final Settlement
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.
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