Baroch v. Canada Cartage Diversified GP Inc.
MARC-OLIVER BAROCH
CANADA CARTAGE DIVERSIFIED GP INC.
Law Firm / Organization
Not Specified
DIRECT GENERAL PARTNER CORPORATION
Law Firm / Organization
Not Specified
CANADA CARTAGE SYSTEM, LIMITED
Law Firm / Organization
Not Specified
**Background:** - The class action case was initiated by plaintiff Marc-Oliver Baroch under the Class Proceedings Act, 1992 against defendant Canada Cartage Diversified GP Inc. - The case was certified as a class proceeding on January 30, 2015. - In June 2021, the parties settled the action, with the defendants agreeing to pay $22.25 million (inclusive of various costs) to the Class. - The settlement was approved on November 1, 2021. **Distribution of Settlement Funds:** - The distribution protocol called for two distributions. - Approximately 7,300 Class Members were involved, with about 4,600 receiving a First Distribution cheque. - First distribution cheques were sent in December 2022 and January 2023. - Some issues arose during the distribution process, including uncashed cheques, payroll taxes, accrued interest, and requests for replacement cheques. **Amendments and Cy-pres Order:** - Class Counsel sought approval for amendments to the distribution protocol to address the outstanding issues. - If extra funds weren't incorporated into the Second Distribution, it would necessitate a third distribution in late 2024 or early 2025, causing delays. - Class Counsel also sought advance approval for a cy-pres order to donate remaining funds to SickKids Hospital and/or the OTA Education Foundation. **Court Decision:** - The defendants did not oppose the motion. - The court granted the motion as requested, allowing for amendments to the distribution protocol and the cy-pres order. - This decision aimed to efficiently address distribution-related issues and avoid further court proceedings, saving time and resources.
Superior Court of Justice - Ontario
CV-13-492525-00CP
Class actions
Plaintiff