A new notice of motion by the lawyers representing members of the Quebec class action was filed on Friday and made available today. At a hearing now scheduled for Friday, August 15th at 9:00 a.m., they will ask for clearer signing authority for lawyers representing all of the non-government claimants.
This pre-hearing paperwork includes an explanation that the Sanction Order inadvertently failed to specifically authorize these lawyers to release the claims in return for which settlement funds will be issued and to conduct other required paperwork. "Out of an abundance of caution, Quebec Class Counsel are seeking this Court’s authorization to execute and deliver any and all required plan implementation documentation as they consider advisable and propose that this Court’s authorization be extended to the other Claimant Class Counsel as well."
The order from Justice Morawetz they are seeking is to the effect that
"(i) Quebec Class Counsel is hereby authorized to execute and deliver on behalf of the Quebec Class Action Plaintiffs, (ii) PCC Representative Counsel is hereby authorized to execute and deliver on behalf of the PanCanadian Claimants, (iii) Knight Class Counsel is hereby authorized to execute and deliver on behalf of the Knight Class Action Plaintiffs, and (iv) Counsel for the Tobacco Producers is hereby authorized to execute and deliver on behalf of the Tobacco Producers and Ontario Flue-Cured Tobacco Growers’ Marketing Board, any and all documents as they consider advisable to give effect to the implementation of the CCAA Plans including, as applicable and without limitation, the following documents: a. Claimant Contractual Releases; b. Plan Implementation Certificates; c. Collateral Agency Agreements; and d. Flow of Funds Agreement."
