Rezmuves v. Hohots, 2023 ONSC 7062

COURT FILE NO.: CV-17-573786-00CP

DATE: 20231218

ONTARIO

SUPERIOR COURT OF JUSTICE

BETWEEN:

ISTVAN REZMUVES, ERNO PONGO, ISTVAN HORVATH, RENATA GALAMB and SAMUEL HORVATH

Plaintiffs

• and -

VIKTOR SERHEY HOHOTS, JOSEPH STEPHEN FARKAS and THE ESTATE OF ERZSEBET JASZI

Defendants

Jean-Claude Rioux for the Plaintiffs

Proceeding under the Class Proceedings Act, 1992

HEARD: In writing

PERELL, J.

REASONS FOR DECISION

Introduction

1Pursuant to the Class Proceedings Act, 1992,¹ I approved the settlement of three class actions that were consolidated and certified as class proceedings for settlement purposes.

2RicePoint administered the settlement. Pursuant to the Class Proceedings Act, 1992, the administrator of a settlement is obliged to submit a report to the court. Sections 27.1 (16) and (17) of the Act state:

Report

(16) No later than 60 days after the date on which the settlement funds are fully distributed, including any distribution under section 27.2, the administrator or other person or entity who administered the distribution shall file with the court a report containing their best information respecting the following:

1. The amount of the settlement funds before distribution.

2. The total number of class or subclass members.

3. Information respecting the number of class members identified in each affidavit filed under subsection 5 (3) in the motion for certification.

4. The number of class members who received notice associated with the distribution, and a description of how notice was given.

5. The number of class or subclass members who made a claim under the settlement and, of them, the numbers of class or subclass members who did and who did not receive settlement funds.

6. The amount of the settlement funds distributed to class or subclass members and a description of how the settlement funds were distributed.

7. The amount and recipients of any distribution under section 27.2, and the amount, if any, that was subject to reversion or otherwise returned to the defendant.

8. The number of class or subclass members who objected to the settlement and the nature of their objections.

9. The number of class or subclass members who opted out of the class proceeding.

10. The smallest and largest amounts distributed to class or subclass members, the average and the median of the amounts distributed to class or subclass members, and any other aggregate data respecting the distribution that the administrator or other person or entity who administered the distribution considers to be relevant.

11. The administrative costs associated with the distribution of the settlement funds.

12. The solicitor fees and disbursements.

13. Any amount paid to the Class Proceedings Fund established under the Law Society Act or to a funder under a third-party funding agreement approved under section 33.1.

14. Any other information the court requires to be included in the report. 2020, c. 11, Sched. 4, s. 25.

Same

(17) Once the court is satisfied that the requirements of subsection (16) have been met with respect to a filed report, the court shall make an order approving the report and append the report to the order.

[3] Pursuant to s. 27.1.(17) of the Class Proceedings Act, 1992, RicePoint submitted its

Claims Administration Report

Claims Administration Report dated July 18, 2023. The complete report is set out below.

Claims Administration Report

Roma Immigration Class Action

1. RicePoint Administration Inc. (“RicePoint”) was named the Court appointed Claims Administrator for the purpose of making payments to approved claimants.

2. The purpose of this report is to provide details on the distribution of funds for this claims administration.

3. On October 26, 2020, RicePoint received the settlement funds from Class Counsel totaling $550,033.00.

4. On October 30, 2020, RicePoint issued payment to Class Counsel totaling $181,500.00 for their Court approved fees and disbursements.

5. On November 2, 2020, RicePoint issued payment to the Class Proceeding Fund totaling $10,033.00 for providing funding and indemnity for class members in this class action.

6. On March 3, 2021, RicePoint issued an honorarium payment totaling $2,500.00 to Istvan Rezmuves the representative plaintiff in the class action.

7. On or about June 30, 2022, RicePoint received a final distribution report from Class Counsel outlining class members that were determined to be approved for compensation from the settlement fund.

8. On July 26, 2022, RicePoint issued 53 cheques totaling $265,000.00 to approved class members.

9. Each approved class member was issued a payment totaling $5,000.00.

10. After the initial distribution RicePoint processed multiple cheque replacement requests and reissued some cheque payments as international wire transfers. Replacement cheques and reissued international wire transfers were sent at no cost to the class member.

11. All 53 class member payments were successfully deposited.

12. After final claims administration fees were taken from the settlement fund a residual balance of $49,041.00 remained to be allocated to the cy pres recipient the Canadian Red Cross.

13. On July 18, 2023, RicePoint issued a cheque payment totaling $49,041.00 to the Canadian Red Cross.

14. All settlement funds have been distributed in accordance with Settlement Agreement and no further funds remain in trust.

Disposition

4Pursuant to s. 27.1(17) of the Class Proceedings Act, 1992, I approve the Claims Administration Report. Order accordingly.

Perell, J.

Footnotes

1. 1S.O. 1992, c. 6.