Class counsel attended the Vancouver Courthouse on the morning of July 15, 2010 and addressed submissions to the Honourable Madam Justice Ballance regarding process which should be followed to determine the entitlement of persons who are not currently class members, to share in the settlement proceeds.
The court directed that counsel provide written submissions by the end of August as to the appropriate process to be followed.
The outstanding issue is the entitlement to share in the settlement proceeds of persons who were mailed notice of the class proceeding, and the required opt-in process for NON BC RESIDENTS, but at the wrong address. The Court will consider whether NON BC RESIDENTS who did not in the period January – May, 2005 reside at the address to which Freightliner mailed notices, who did not receive notice in some other way, and who, if notified, would have opted-in, should share in the remaining funds available for distribution.
Written submissions will be provided in accordance with the Court’s direction, and the Court will then determine what further steps are required.