Barbara Schneider vs Centre d’hébergement et de soins de longue durée Herron inc., 2033770 Ontario inc., Katasa Group inc. et Katasa Development inc.
S.C. : 500-06-001060-207
Description of the Settlement
On May 6, 2021, the Quebec Superior Court approved a settlement of the CHSLD Herron Class action for a global amount of $ 5.5 million to be distributed to Class members who submit a valid claim.
The Class is formed of the following individuals:
“ All individuals resident in the CHSLD Herron at any time from March 13, 2020 to May 31, 2020 (“Residents”), estates of any such Residents who passed away between March 13, 2020 and May 31, 2020 (“Estates”), as well as the surviving spouses and children of Residents who passed away between March 13, 2020 and May 31, 2020 ”.
The exact amount of the compensation owed to each category of Class members will be calculated once the total number of claimants is known. Thereafter, the amount of the settlement will be allocated in proportion to the number of claimants and on account of the following parameters:
- Category 1: Estate of a Resident who died at any time between March 13 and May 31, 2020 (hereinafter “Deceased Resident”)The compensation awarded to the Estate of a Deceased Resident shall serve as the base amount for the determination of any compensation awarded under Categories 2, 3, and 4.
- Category 2: Surviving spouse of a Decease ResidentThe Surviving spouse of a Deceased Resident shall be paid the equivalent of 66.67% of the compensation awarded under Category 1.
- Category 3: Surviving child of a Deceased ResidentThe Surviving child of a Deceased Resident shall be paid the equivalent of 33.33% of the compensation awarded under Category 1.
- Category 4: Surviving Resident between March 13 and May 31, 2020A Surviving Resident shall be paid the equivalent of 73% of the compensation awarded under Category 1.
The claims of the Class members and the compensation that they are eligible to receive will be decided by Collectiva, the Claims Administrator, according to Appendix 1 of the Settlement Agreement “Claims Administration Process and Compensation Parameters”.
Deadline to file a Claim:
The Deadline to submit a Claim is November 17 2021 at 4:30 p.m.
The Class member who wishes to opt-out from the Class action must, before the expiry of the thirty (30)-day exclusion deadline set forth in the judgment approving the Settlement Agreement, namely no later than June 17, 2021 at 4:30 PM, file with the clerk of the Superior Court of the district of Montreal in the file bearing Court number 500-06-001060-207, a written document stating the following:
- His or her name and contact information; and
- A signed statement specifying (i) that he or she has decided to opt-out of the Class action and the Settlement Agreement; (ii) the category or categories he or she belongs to, (iii) the reasons for opting-out; (iv) whether he or she has retained the services of a lawyer and, if so, the name of said lawyer.
Judgment approving the Settlement Agreement
Appendix 1: Claims Administration Process and Compensation Parameters
Appendix 2: Claim form
Me Arthur J. Wechsler, Me Olivera Pajani and Me William Colish
Class action support:
Kugler Kandestin LLP
1 Place Ville Marie, suite 1170
Montreal (Quebec) H3B 2A7 Canada
Phone : 514-878-2861
Toll-Free : 1-844-999-2861
Fax : 514-875-8424