The Honourable Madam Justice Ballance of the BC Supreme Court today handed down Reasons for Judgement on the issue of whether certain Freightliner employees who were not initially on the distribution list, should share in the distribution, on the basis that they did not receive proper notice.
The Reasons for Judgment can be viewed here.
This judicial decision resolves almost all issues required to enable the actuary to complete the final distribution.
The court has indicated that if the parties cannot agree on the matter of costs of the process required to settle the issue of the final distribution list, they are to bring the matter before the court by way of written submissions with a final date of June 15, 2012. It is not yet known if that process will be needed, or whether the parties will be able to resolve the costs issue by agreement.
Class counsel will be working with the actuary to endeavour to resolve the issue of the entitlement of the one particular claimant that the judge did not finally resolve, and if necessay, the court’s guidance on that issue will be sought.