ONTARIO

SUPERIOR COURT OF JUSTICE

COURT FILE NO.: 98-CV-141369
COURT FILE NO.: 98-CV-146405

DATE: 20140402

BETWEEN:

DIANNA LOUISE PARSONS, MICHAEL HERBERT CRUICKSHANKS, DAVID TULL, MARTIN HENRY GRIFFEN, ANNA KARDISH, ELSIE KOTYK, Executrix of the Estate of HARRY KOTYK, deceased and ELSIE KOTYK, personally

Plaintiffs

– and –

THE CANADIAN RED CROSS SOCIETY, HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO and THE ATTORNEY GENERAL OF CANADA

Defendants

– and –

HER MAJESTY THE QUEEN IN THE RIGHT OF THE PROVINCE OF ALBERTA, HER MAJESTY THE QUEEN IN THE RIGHT OF THE PROVINCE OF SASKATCHEWAN, HER MAJESTY THE QUEEN IN THE RIGHT OF THE PROVINCE OF MANITOBA, HER MAJESTY THE QUEEN IN THE RIGHT OF THE PROVINCE OF NEW BRUNSWICK, HER MAJESTY THE QUEEN IN THE RIGHT OF THE PROVINCE OF PRINCE EDWARD ISLAND, HER MAJESTY THE QUEEN IN THE RIGHT OF THE PROVINCE OF NOVA SCOTIA, HER MAJESTY THE QUEEN IN THE RIGHT OF THE PROVINCE OF NEWFOUNDLAND, THE GOVERNMENT OF THE NORTHWEST TERRITORIES, THE GOVERNMENT OF NUNAVUT AND THE GOVERNMENT OF THE YUKON TERRITORY

Intervenors

Harvey Strosberg, Q.C., for Class Action Counsel J.J. Camp, Q.C., Harvey Strosberg, Q.C. and Michel Savonitto

AND BETWEEN:

JAMES KREPPNER, BARRY ISAAC, NORMAN LANDRY, as Executor of the Estate of the late SERGE LANDRY, PETER FELSING, DONALD MILLIGAN, ALLAN GRUHLKE, JIM LOVE and PAULINE FOURNIER as Executrix of the Estate of the late PIERRE FOURNER

Plaintiffs

– and –

THE CANADIAN RED CROSS SOCIETY, THE ATTORNEY GENERAL OF CANADA and HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO

Defendants

-– and –

Intervenors

Proceeding under the Class Proceedings Act, 1992

HEARD: In Writing

PERELL, J.

REASONS FOR DECISION - COSTS

[1] In this administration of a settled class action, three Class Counsel applied for approval of a protocol, “the Late Claim Requests Protocol,” that would allow Class Members the right to make a claim for compensation, notwithstanding that the June 30, 2010 deadline for First Claims under the Settlement Agreement has passed and notwithstanding that the Class Members do not qualify under two existing exceptions for late claims under the Settlement Agreement.

[2] I made an order provisionally approving the protocol, subject to approvals by the Courts of British Columbia and Québec. See Parsons v. The Canadian Red Cross Society, 2013 ONSC 7788.

[3] I directed that if the parties could not agree about the matter of costs, they may make submissions in writing.

[4] I received written submissions from only the Moving Party. The Moving Party submitted that there should be no order as to costs.

[5] I agree with this unopposed submission and order that there should be no order as to costs.

Perell, J.

Released: April 02, 2014

COURT FILE NO.: 98-CV-141369
COURT FILE NO.: 98-CV-146405

DATE: 20140402

ONTARIO

SUPERIOR COURT OF JUSTICE

BETWEEN:

DIANNA LOUISE PARSONS, MICHAEL HERBERT CRUICKSHANKS, DAVID TULL, MARTIN HENRY GRIFFEN, ANNA KARDISH, ELSIE KOTYK, Executrix of the Estate of HARRY KOTYK, deceased and ELSIE KOTYK, personally

Plaintiffs

‑ and ‑

THE CANADIAN RED CROSS SOCIETY, HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO and THE ATTORNEY GENERAL OF CANADA

Defendants

‑ and ‑

Intervenors

AND BETWEEN:

Plaintiffs

‑ and ‑

THE CANADIAN RED CROSS SOCIETY, HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO and THE ATTORNEY GENERAL OF CANADA

Defendants

‑ and ‑

Intervenors

REASONS FOR DECISION - COSTS

Perell, J.

Released: April 2, 2014

Parsons v. The Canadian Red Cross Society, 2014 ONSC 2021

Case Summary

ONTARIO

SUPERIOR COURT OF JUSTICE

BETWEEN:

REASONS FOR DECISION - COSTS

Judge

Counsel

Parties

Areas of Law