CLASS ACTION AGAINST THE CITY OF MONTREAL
REGARDING SEVERAL DEMONSTRATIONS HELD THE 1st OF MAY 2014 AND THE 15th OF MARCH 2015
AN AGREEMENT HAS BEEN REACHED AND APPROVED BY THE COURT IN THE TWO (2) FOLLOWING FILES :
DETAILED NOTICE TO THE MEMBERS
Please read this carefully: what follows could affect your rights
Why is this notice being published?
The present notice is to inform you that a settlement agreement (the “Agreement”) has been reached between the Plaintiffs Pascal Lebrun, Roxana Paniagua, Alexandra Croze et Hadrien Daigneault-Roy (the “Plaintiffs”) and the defendant City of Montreal (the “City”) with regards to the two (2) class actions regarding four (4) demonstrations held in Montreal, three (3) of them on the 1st of May 2014, and on (1) on the 15th of March 2015.
Following the hearing that took place on the 21st of December 2022, the agreement has been approved by the Honorable justice Sheehan on February 22nd, 2023. The complete text of the agreement is attached and is also available on the website “ https://greycasgrain.com/ ”.
Who are the people affected by this notice?
- This notice concerns all physical persons who enter into at least one of the following sub-groups :
- Sub-group 1 :
« All persons arrested or detained via a surrounding action by the Police services of the City of Montreal on the 1st of May 2014 at 6pm at the intersection of Papineau avenue and Ontario street in Montreal»;
- Sub-group 2 :
« All persons arrested or detained via a surrounding action by the Police services of the City of Montreal on the 1st of May 2014 at 6:45 pm in front of 1385, Sainte-Catherine street East in Montreal»;
- Sub-group 3 :
« All persons arrested or detained via a surrounding action by the Police services of the City of Montreal on the 1st of May 2014 at 7:45 pm next to the Palaia de Congrès, in Montreal»
- Sub-group 1 :
- This notice concerns all physical persons who enter into the following group :
« All persons arrested or detained via a surrounding action by the Police services of the City of Montreal on the 15th of March 2015 on Berri street, close to the viaduct on Sherbrooke street, in Montreal»
Please note that you are equally concerned by this notice if you are acting as an heir of a deceased person who was part of one or more of the groups mentioned.
What are the two (2) class actions mentioned in this notice about?
The class actions allege that the Police services of the City of Montreal, during two days of demonstrations that happened on the 1st of May 2014 and the 15th of March 2015 in the City of Montreal, infringed upon the fundamental rights of the Plaintiffs and the members of the groups mentioned above when they proceeded, in many cases, to arrest and detain people participating in the demonstrations.
The Plaintiffs asked for moral and punitive damages for all of the members of the groups mentioned above, for damages that stemmed from faults committed by the SPVM during the demonstrations mentioned above, notably regarding the violation of their fundamental rights.
Via the Agreement, the City recognizes that some of the actions taken by the police force and the municipal administration regarding some of the participants in the demonstrations cited in the present class actions, infringed upon some of their fundamental rights, causing them damages
What is the indemnity proposed in the Agreement?
The City has accepted the give the amount of $412,288.88 in total for the two (2) class actions mentioned in this notice.
This amount was determined based on the proportion of people concerned by the two (2) class actions in the present notice vis-à-vis the proportion of people with regards to the sixteen (16) class actions who are the subjects of the Agreement.
How will the indemnity be divided?
With the aproval of the Superior Court, several amounts will have to be first deducted from the amount of $412,288.88 in order to determine the indemnity that will be divided between the members of the group, as such:
- The legal fees and disbursement of Me Marc Chétrit and the lawyers of Grey Casgrain, as confirmed by the Tribunal;
- The fees for the administration and distribution of the indemnity to the members of the group by Grey Casgrain;
- The payment of sums due to the Fonds d’aide aux actions collectives, as per the applicable law.
The fees for the administration and distribution of the indemnity to members of the group are evaluated at $10,000, plus applicable taxes.
With regards to the legal fees that Me Marc Chétrit and Grey Casgrain have asked the Tribunal to approve, as per the mandate on legal fees signed between the Plaintiffs and Me Chétrit, the amount of 25% of the global amount received for the two class actions mentioned in this notice, and thus $105,322.22, plus tax for a total amount of 121 094,22$.
Furthermore, as per the law and regulations in force, Me Chétrit will reimburse to the Fonds d’aide aux actions collectives, the financial assistance that he was given to work on the 2 class actions, from the portion of the legal fees received. A percentage will be deducted on each individual reclamation that will be sent in by members of the group and given to the Fonds d’aide.
How will the indemnity be distributed?
You have to fill out a reclamation form that is available via the website “ https://greycasgrain.com/ ” in order to identify yourself. Click here to download the reclamation form.
If your name does not appear on our arrest list provided by the SPVM, we will inform you and you will also have to send to Grey Casgrain a written and signed declaration that you are a member of one of the four groups mentioned in the 2 class actions AND evidence that your name appears on a ticket issued by the SPVM during said demonstration.
Once these steps are completed, your reclamation will be reviewed by Grey Casgrain as the administrators of the reclamations, and a cheque will be issued to you at the address that you provided in your reclamation form online.
How can I get more information?
To obtain more information and to obtain access to the text of the proposed Agreement, as well as the latest procedures in the file, you can consult our website at “ https://greycasgrain.com/ ”.
You can equally communicate with the lawyers of the Plaintiffs by phone, email or mail at the following addresses :
Me Marc Chétrit, primary attorney for the Plaintiffs
Téléphone : (514) 909-8933
Télécopieur : (514) 587-2482
Me Geneviève Grey
Grey Casgrain, senc, Administrator for the reclamation
4920 Blvd de Maisonneuve Ouest, Bureau 305
Montréal, Québec H3Z 1N1
Tél. : 514-288-6180
Téléc. : 514-288-8908
THIS NOTICE HAS BEEN APPROVED BY THE SUPERIOR COURT OF QUEBEC.
Please note that the court will not respond to questions regarding the current notice.
No other notice will be published or diffused with regards to the proposed Agreement that will be presented to the court for approbation.
In cases of divergence between the text of this notice and the Agreement, it is the text of the Agreement that prevails.