14 Nov 2023
Baroch v. Canada Cartage Diversified GP Inc.
**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.