Court File and Parties

COURT FILE NO.: CV-04-263007-CP00 DATE: 20240124 SUPERIOR COURT OF JUSTICE - ONTARIO

RE: Narcise Alex Kakegabon AND: The Attorney General of Canada

BEFORE: J.T. Akbarali J.

COUNSEL: Ceyda Turan, for the Representative Plaintiff, Narcise Alex Kakegabon Glynis Evans and Isabelle Crew, for the defendant The Attorney General of Canada William B. Henderson and Angela D’Elia Decembrini, for the non-party, Long Lake #58 First Nation

HEARD: In writing

Proceeding under the Class Proceedings Act, 1992

Endorsement

Overview

[1] On this motion, I am asked to approve the notice of certification and notice plan.

Background

[2] This class proceeding concerns the existence of toxic mold in housing on Long Lake No. 58 First Nation’s reserve.

[3] The original representative plaintiff in this litigation, Diane Grant, commenced proceedings in 2004. The action was certified on December 4, 2009.

[4] Sadly, Ms. Grant passed away. The current representative plaintiff, Mr. Kakegabon, entered into a retainer agreement with then-current class counsel on February 11, 2013; he was subsequently appointed the representative plaintiff on February 25, 2014.

[5] Very little progress was made in the action after that date. On August 8, 2023, I granted a motion appointing new class counsel.

[6] Current class counsel has determined that, despite the litigation being certified in 2009, no notice plan or notice was given, and no opt out process has been undertaken. Accordingly, in this motion, counsel seeks approval for the notice and notice plan that they have crafted. The defendant consents to the motion.

[7] I approve the notice proposed by the representative plaintiff. It explains clearly what the litigation is about and the options class members have to opt out or remain part of the class. I approve the opt-out procedure set out in the order and notice; it is straightforward, clear, and easy for a person who wishes to opt out to comply with it.

[8] I also approve the plaintiff’s request that the notice be delivered only in English. The evidence indicates that the class members are English speakers and that English is the language used to communicate between the class members and the First Nation Band Administration Office. There is no need to incur fees for a translation into any other language.

[9] I also approve the notice plan to which the parties consent. Among other things, it provides for the notice to be delivered by mail to those class members whose addresses can be identified, posted on the First Nation’s Facebook pages for members residing both on-reserve and off-reserve, at the Band Administration office and at the Thunder Bay Indigenous Friendship Centre.

[10] Order to go in accordance with the draft I have signed.

J.T. Akbarali J.

Date: January 24, 2024