On June 30, 2003 with the assistance of the Case Management Judge, a new hearing was scheduled for September 11, 2003. At that hearing, class counsel intended to seek to have the court resolve all outstanding issues relating to certification of the pension class action. These issues primariliy relate to the appropriate subclasses for the pension class.The motion scheduled for September 11, 2003 was adjourned, and since then counsel for the class, Freightliner, and the Trust Company have been in communication in an effort to resolve the definition of the pension class, and certain related issues including the creation of sub-classes to reflect differences amongst pensioners, the steps needed, once certification is finalized, to notify persons who are or might be class members, and the like.These steps are being taken in furtherance of a direction of the class action judge, that the action will be certified as a class action after suitable classes and subclasses are defined.Once the parties have agreed on suitable classes, subclasses, and perhaps representative plaintiffs, the Writ of Summons and Statement of Claim will be amended, and notices will be mailed to class members, where addresses are available, and steps will be taken to publish the relevant events via newspapers and this website.On January 5, 2005 counsel for all parties are scheduled to appear before the Case Managemetn Judge to deal with outstanding issues relating to the certification of the proceeding as a class action. At the hearing, Class Counsel will present a proposed Amended Writ of Summons and Further Amended Statement of Claim which will add other persons as class representatives. There will also be a discussion of the manner in which notice will be given to the class members.
At the CMC on January 12, 2005, Judge Bennett made the following orders:
- settled the terms of a formal Certification Order which added six new plaintiffs to the proceeding, to act as representatives plaintiffs on behalf of sub-classes of pension claimants.
- The representative plaintiffs are:
(a) George Schieven – Cockshutt Sub-Class & Non-Resident Sub-Class
(b) Peter Woolley – White Trucks Sub-Class
(c) Peter Gregg – White Western Star Sub-Class
(d) John Langergraber – White Motor Sub-Class
(e) Terry Barker – WSTI Pre-1985 Sub-Class
(f) James Gilchrist – WSTI Post-1985 Sub-Class
- approved the filing of a Further Amended Writ of Summons and Further Amended Statement of Claim which includes claims advanced by the representative plaintiffs
- gave directions as to the manner in which the class action is to be advertised, to bring to the attention of the potential class members their rights to opt in or opt out of the proceeding.
Details of the required notice procedure are contained in the Certification Order.
By Mid-February, 2005 TevlinGleadle, class counsel are to arrange for publication of notices of the certification in certain newspapers mentioned in the Order. The required language for the newspaper advertisement is available here.
By Mid-February, 2005, a mail out is to be completed by Freightliner in the form of the Long Form Notice, which gives added information about the class action.