A few gathered before Judge Brian Riordan in the intimate confines of small courtroom
16.03 in the Montreal court house for a
micro-hearing of 15 minutes that produced a micro-decision. Neither Alexandre Fallon for ITL nor Jean
Lortie for RBH had much to say. André
Lespérance did most of the talking for the class action plaintiffs. He was accompanied by his colleagues
Gabrielle Gagné and Pierre Boivin.
Since the last meeting in Judge Riordan’s court over 22,000
class members had been contacted to seek their approval for the proposed use of
the insurance company assets. Thirteen objected, of whom three withdrew their objections after being given some explanation. Judge Riordan reviewed the 10 remaining objections and concluded that
the money should be used to better communicate with class members and to
reimburse the Fonds d’aide as planned. He
concluded “that the Settlement Agreements are fair, reasonable and in the best
interest of class members.”
Justice Riordan was told that the micro-matter of disposing of the
assets of defunct insurance companies Kansa and Northumberland was the subject
of much discussion in a Toronto court today which concluded with Justice McEwen announcing that on May 31 he would make a decision on which court had jurisdiction to decide the use of the insurance money, unless an agreement among the parties was reached first. Justice Riordan scheduled another hearing on June 4 to further consider the insurance money question. More is destined to be said on the jurisdiction issue.
In explaining to Justice Riordan the activities of the court-appointed mediator over the past few weeks, counsel for the plaintiffs stumbled slightly over the name of the former chief justice of the Ontario court. Then, from plaintiffs' counsel's back bench came, sotto voce, a polite correction - "Winkler, not Wrinkler."
Laughter all around, including from the speaker of the malapropism. As the CCAA process drags on, moments of levity are regrettably becoming fewer and farther between.
In explaining to Justice Riordan the activities of the court-appointed mediator over the past few weeks, counsel for the plaintiffs stumbled slightly over the name of the former chief justice of the Ontario court. Then, from plaintiffs' counsel's back bench came, sotto voce, a polite correction - "Winkler, not Wrinkler."
Laughter all around, including from the speaker of the malapropism. As the CCAA process drags on, moments of levity are regrettably becoming fewer and farther between.
JUDGMENT
[1] CONSIDERING the Motion to
Approve Settlements between the Class Action Plaintiffs
and Certain Insurers in Liquidation;
[2] CONSIDERING the
representations of the parties at the hearing;
[3] CONSIDERING the
nature of the objections of the members filed pursuant to the notice approved by
the court on April 30, 2019;
[4] CONSIDERING article
590 of the Code of civil procedure;
[5] CONSIDERING that
this court is of the opinion that the Settlement Agreements are fair,
reasonable and in the best interest of class members;
BASED
ON THESE REASONS, the court:
[6] GRANTS the
present Motion in part;
[7] ORDERS that
the Settlement Agreements remain under seal and that the settlement amounts
payable thereunder not be disclosed unless otherwise ordered;
[8] APPROVE the
settlement agreement dated July 4, 2017 (Exhibit P-1 under seal) entered into
between Kansa General International Insurance Company Ltd., Ferdinand Alfieri, in
his capacity as liquidator of Kansa General International Insurance Company Ltd.,
Jean-Yves Blais (now deceased) and Conseil Quebecois sur le Tabac et la
Sante, in their capacity as class representatives in Court File
number 500-06-000076-980
and Cecilia Letourneau, in her capacity as class representative in Court
File number 500-06-000070-983;
[9] APPROVE the
settlement agreement dated February 16, 2017 (Exhibit P-3 under seal) entered into
between Northumberland General Insurance Company, through its liquidator
PricewaterhouseCoopers Inc., Jean-Yves Blais (now deceased) and Conseil Quebecois
sur le Tabac et la Sante in their capacity as class representatives in Court
File number 500-06-000076-980 and Cecilia Letourneau, in her capacity as class
representative in Court File number 500-06-000070-983;
[10] AUTHORIZE Class
Counsel to withdraw from the Court record Exhibits P-1 and P-3;
[11] ORDER that
the proceeds of the Settlement Agreements be paid to Fishman Flanz Meland Paquin LLP
in trust ("FFMP"), as contemplated in the Settlement Agreements, and
forthwith thereafter transferred by FFMP to the Trust account of the law firm Trudel Johnston
& Lesperance;
[12] THE
WHOLE without costs.
