V. Lord

A class member, Loyd Mark Noel, brought a motion for permission to opt out of a class proceeding after the specified deadline had passed.

Mr. Noel had inadvertently missed the deadline despite having already commenced an individual lawsuit related to the same incident.

The motion was unopposed by both the class plaintiffs' and defendants' counsel.

The court granted permission, exercising its discretion under section 12 of the Class Proceedings Act, 1992, finding that the inadvertent error and the existence of an individual action justified the late opt-out, with no adverse impact on the class proceeding.

This initial case conference for a proposed class action addressed the consolidation of two actions, the defendant Boeing Company's contemplation of a jurisdictional challenge, and the defendant Fly Jamaica Airways Ltd.'s apparent cessation of operations, with its insurer undertaking the defense.

A preservation notice was sent to Fly Jamaica.

The certification motion was scheduled for September 3, 2019.