Court File and Parties
Court File No.: 27147-16 Date: 2023/02/16 Superior Court of Justice - Ontario
Re: John Merrett, Plaintiff And: Sault Area Hospital, Defendant
Before: M.G. Ellies R.S.J.
Counsel: J. E. MacDonell and G. Kratchanov, for the Plaintiff L. Spiegel, for the Defendant
Heard: February 10, 2023
Endorsement
[1] A further teleconference was convened at my request to deal with one further aspect of the proposed consent order. In particular, the order failed to allow for the consideration of any written objections filed in accordance with the notice.
[2] The order requires the hospital to provide the names and addresses of the class members within 15 days of the order. Class counsel must then mail out the notice. Following receipt of the notice, the class members have 30 days within which to forward written objections to class counsel, who must then forward them to the court for consideration. Given these time frames, counsel and I agree that the order should take effect 90 days after it is made, unless the court makes an order otherwise.
[3] Such an order will only be made in the event that the court concludes that a written objection warrants a settlement hearing. Subject to any such objections, I am of the view that the proposed settlement is fair, reasonable, and in the best interests of the class members. It represents an appropriate compromise, taking into account: the nature of the allegations underlying the claim; the risks associated with continued litigation; the costs of that litigation; the size of the class; and the range of possible recoveries, bearing in mind the decision in Jones v. Tsige, 2012 ONCA 32.