The representative plaintiffs, I.P. and M.P., brought a motion for court approval to discontinue a proposed class action against the Jesuit Fathers of Upper Canada and other related entities, without costs and without notice to putative class members.
The proposed class action, initiated in 2015, alleged sexual abuse of children at the Holy Cross Mission.
The plaintiffs and 27 other putative class members had individually settled their claims outside of the class proceeding framework.
The court granted leave to discontinue the action but required the Merchant Law Group, as putative class counsel, to provide notice of the discontinuance to all putative class members, including those who had settled, through website posting, newspaper publication, and direct delivery of the reasons for decision.
The court emphasized the need for transparency and protection of vulnerable class members, noting that the individual settlements and counsel fees were not disclosed for court approval.
