The Honourable Justice Kelleher, who has been assigned by the Supreme Court to the Catalyst class action, at a Case Planning Conference, directed today that the certification hearing in this matter will be heard on February 14 and 15, 2011. This was the earliest time available to the court, which would permit the parties to exchange materials before the hearing. Before the certification hearing occurs, the parties will exchange a formal application for certification, affidavits and written submissions. At the hearing, class counsel will ask the court to “certify” the action as an action not just on behalf of the representative plaintiff, Mr. Somerville, but on behalf of all Catalyst non-bargaining employees who have claims for similar losses.
The proposed class of Catalyst employees will include persons working or who worked at the relevant time at all of Catalyst’s places of business, NOT just Powell River whenere Mr. Somerville works.
HOWEVER, it is not likely that persons will be able to participate in the class action if they have accepted Catalyst’s recent offer to settle class claims directly.