Recent Developments
This case has been successfully settled.
The Honourable Mr. Justice Sproat of the Superior Court of Justice approved the settlement on November 9, 2011.
Click Here to Read Judgment Re: Settlement Approval
Notice of settlement/settlement approval will be provided to class members via a direct mailing.
Click Here to Read Notice of Settlement Approval
If you previously opted-out of the action, you are being given an opportunity to opt back in so as to receive payment of compensation under the settlement.
If you wish to opt back in, you must send a fully completed Opt-In Form to Nicholas Mastroluisi, CA, Petinelli Mastroluisi LLP
By Mail:
1 James Street South
6 th Floor
Hamilton, Ontario
L8P 4R5.
By Fax: 905-522-6574
Or by Email:nickm@petmas.ca
on or before February 22, 2012.
Click Here to Read Opt-In Form
If you earlier opted-out and do not wish to receive settlement benefits or participate in the settlement in any way, you need not do anything. Your prior opt-out decision will be effective. You will not be entitled to any settlement benefits or payment of any compensation.
In general terms, the settlement contemplates a Base Fund to all class members, to be in the approximate amount of $825.00.
In addition, all class members will have an opportunity to make a claim to the Additional Compensation Fund to receive maximum compensation of $10,000.00 each.
In order to make a claim to the Additional Compensation Fund, a Claim Form must be completed and submitted to the Administrator:
National Class Action Services (Canada) Inc.
3230 Yonge Street
Suite 200
Toronto, Ontario
M4N 3P6
on or before March 23, 2012.
Click Here to Read Claim Form
The timelines for implementation of the settlement are as follows:
Settlement Fund paid by November 24, 2011 – (15 days of Judgment being issued)
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Ford Canada shall pay $835,000.00 to the Administrator
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Notice to be sent by December
24, 2011 – (Within 45 days of the Judgment)
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Ford Canada will send the Notice, Opt-In Form, Claim Form and Private Offer by regular mail to the 55 individuals listed on Appendix “A” of the Distribution Plan, to the addresses in the possession of Ford Canada. Ford Canada will also send the Notice, Opt-In Form and Claim Form via email to such individuals, where Ford Canada has email addresses for those individuals in its possession. The Private Offer will not be e-mailed by Ford Canada, although the email attaching the Notice, Opt-In Form and Claim Form will indicate that the Private Offer will be sent by mail.
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Notice to be sent by December
24, 2011 – (Within 45 days of the Judgment) |
Ford will also send the Notice, Claim Form and Private Offer by regular mail to all Class Members who did not previously opt-out of the Action at the addresses in the possession of Ford Canada. Ford Canada will also send the Notice and Claim Form via email to such Class Members, where Ford Canada has email addresses for those Class Members in its possession. The Private Offer will not be emailed by Ford Canada, although the email attaching the Notice and Claim Form will indicate that the Private Offer will be sent by mail.
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Opt Back-In Deadline - February 22, 2012 – (105 days after the date of the Judgment) |
The individuals listed on Appendix “A” of the Distribution Plan shall be entitled to opt back into the Action and participate in the settlement. In order for an individual to opt-in, the Opt-In Form must be received by the Opt-Out Administrator on or before that date. Any Opt-In Form received after that date shall not be valid and those individuals shall not be entitled to participate in the settlement. Notwithstanding the foregoing, however, all individuals listed on Appendix “A” of the Distribution Plan shall be entitled to use the Private Offer provided to them (subject to its terms) regardless of whether they opt back into the Action.
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Base Fund top-up date - February 22, 2012 – (105 days after the date of the Judgment) |
For every completed Opt-In Form received by the Opt-Out Administrator on or before said date, Ford Canada shall pay $1,100.00 to the Administrator to increase the amount in the Base Fund. Such additional payments shall not exceed the aggregate of $60,500.00 and shall be paid by Ford Canada to the Administrator on or before the date that is 15 days from the date Ford Canada receives the Opt-Out Administrator’s report on the Opt-In Forms .
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Additional Compensation Fund Claim deadline - March 23, 2012 –
(1 35 days after the date of the Judgment)
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Claims for additional compensation from the Additional Compensation Fund may be made by Class Members through completion and submission of a Claim Form to the Administrator on or before said date. The claims for additional compensation of Class Members whose Claim Forms are received following that date will not be considered by the Administrator and no additional compensation will be paid to such Class Members
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Completion of Additional Compensation Claim
assessments - June 21, 2012 –
(225 daysfrom the date of the Judgment) |
The Administrator shall complete its assessment and determination of all claims for additional compensation from the Additional Compensation Fund. Such mailings shall be completed within 45 days of the date that the Administrator completes its assessment and determination of the additional compensation claims from the Additional Compensation Fund
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Additional Compensation Claims
all reported - August 5, 2012 – (45 days from June 21, 2012) |
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Certification
Click Here to Read Order re: certification
Click Here to Read Notice of certification
Click Here to Read Opt-Out Form
Overview of Claim
A Fresh As Amended Statement of Claim was issued in the Ontario Superior Court of Justice in Milton on February 2, 2009, claiming damages on behalf of all individuals in Canada who were offered employment by Ford commencing July, 2008 as part of its Third Work Shift at the Oakville plant.
The Fresh As Amended Statement of Claim seeks damages of $10 million.
The representative plaintiffs have brought the action under the Class Proceedings Act, 1992.
The Statement of Claim alleges that Ford announced a Third Work Shift of 8 hours' duration at its Oakville manufacturing plant, which Third Work Shift was supposed to be implemented July, 2008.
Ford advertised its need for employees and offered positions of employment to Class Members, subsequently determining, immediately prior to the employment start date, that it would not implement the Third Work Shift. The claim alleges that Ford then resiled from its offer of employment to all Class Members causing them to suffer damages.
The Statement of Claim alleges that many Class Members were gainfully employed elsewhere at the time they received an offer of employment from Ford for the Third Work Shift, and that those individuals resigned from their previous employment in the expectation of commencing employment with Ford as promised.
The Statement of Claim alleges that offers of employment were made to approximately 350 individuals.
The Statement of Claim alleges that Class Members have suffered loss of income and employment benefits, loss of tenure with their previous employers, special damages and loss of opportunity in connection with the promised employment positions with Ford.
The law firms of Scarfone Hawkins LLP, Shinehoft Law, Ball & Alexander, Chris Sweeney and Brian Hunt are all working co-operatively as co-counsel with respect to this class proceeding.
If you have not already contacted us, we would appreciate hearing from you as it might assist us in pursuing this claim. You may contact us via e-mail, telephone, mail, courier, fax, etc.
DOCUMENTS
Click Here to Read Motion Record re: certification
Click Here to Read Fresh as Amended Statement of Claim
Click Here to Read Statement of Defence
Click Here to Read News Release
NEWS ARTICLES
Click Here to Read The Spectator Article - December 1, 2011
Click Here to Read The Spectator Article - August 12, 2008
Click Here to Read The Windsor Star Article - February 8, 2010
Click Here to Read Canadian HR Reporter Article - March 8, 2010
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