The representative plaintiff, Narcise Alex Kakegabon, brought a motion to vary the certification order in a class proceeding concerning toxic mould on Long Lake No. 58 First Nation's reserve.
The motion sought to remove Kim Orr Barristers P.C. as class counsel and appoint Turan Law Office P.C. as new class counsel, along with ancillary relief.
The plaintiff cited a loss of confidence in the previous counsel due to lack of progress, noting that approximately half of the class members had passed away since certification.
The court, applying the principles from Fantl v. Transamerica, considered the competence of the proposed counsel, the propriety of the choice, and potential prejudice to the class.
Neither the defendant nor the previous class counsel opposed the motion.
The court found no concerns regarding the proposed counsel's competence or the plaintiff's choice, and no prejudice to the class.
The motion was granted.
