COURT FILE NO.: CV-19-00631903-00CP
DATE: 20230202
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
G.C., J C. and A.C.
Plaintiffs
- and -
MARTIN JUGENBURG and DR. MARTIN JUGENBURG MEDICINE PROFESSIONAL CORPORATION
Defendants
COUNSEL:
Katrina Dods for the Defendants
HEARD: In writing.
REASONS FOR DECISION
PERELL, J.
[1] This is a motion for an Order validating the late opt outs of (a) Rameetha Uthayakumar, (b) Adelina Amaral, (c) Wu Guo, (d) Jennifer Poulimenos, and (e) Sara Zahreddine in this certified class action.[^1]
[2] On May 10, 2021, the following class definition was certified in this action: “All patients who attended at the Toronto Cosmetic Surgery Institute from January 1, 2017, to December 13, 2018.”
[3] The Certification Notice Approval Order dated July 5, 2021 provided that if a Class Member wished to opt out, he or she must do so by 90 days from the date of the Order.
[4] After the end of the class opt-out period, the Defendants became aware that (a) five Class Members, Rameetha Uthayakumar, Adelina Amaral, Wu Guo, Jennifer Poulimenos, and Sara Zahreddine, are current Clinic employees or contracted workers, and (b) they had not delivered an opt-out election by the opt-out deadline although they did not wish to be Class Members.
[5] The inclusion of current clinic staff as class members raises practical difficulties for the Defendants and may compromise the Defendants’ ability to defend the action.
[6] All parties to this proceeding consent to an order to validate the late opt-outs of these staff members.
[7] In these circumstances, it is appropriate to grant the relief requested.
[8] I have signed the Order.
Perell, J.
Released: February 2, 2023
COURT FILE NO.: CV-19-00631903-00CP
DATE: 20230202
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
G.C., J C. and A.C.
Plaintiffs
- and -
MARTIN JUGENBURG and DR. MARTIN JUGENBURG MEDICINE PROFESSIONAL CORPORATION
Defendants
REASONS FOR DECISION
PERELL J.
Released: February 2, 2023
[^1]: G.C. v. Jugenburg, 2021 ONSC 3119