On July 6th and 7th, 2011, Dan Gleadle, counsel for the representative claimants, and Jennifer Francis, counsel for Freightliner Ltd. appeared before the Honourable Madam Justice Ballance, the Case Management Judge, and made submissions regarding the scope of the distribution group. This hearing was required because 8 individuals who were not residents of BC at the time of the certification of the action as a class proceeding, in 2005, and who did not opt into the class action as was required, had applied to be entitled to share, even at this late date.
Submissions extended over two days, and at the conclusion of the hearing, Judge Ballance advised that due to other pressing committments, it was unlikely that a decision would be made on this issue until the fall.
As soon as a decision is delivered, and we are advised, it will be posted on this website.
Until the Court gives directions on the question of the persons entitled to share in the distribution it is unlikely that the actuaries will be able to make any further distributions.