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 THE COURT WILL BE ASKED TO APPROVE IT 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.
The Plaintiffs, represented by Me Marc Chétrit and the law firm Grey Casgrain for the two (2) class actions, believe that the Agreement is fair and advantageous for the entire group. The parties have to now ask the Superior Court of Quebec to approve the agreement, thus the need for the current notice.
The Superior Court will hold a virtual hearing in order to approve the Agreement, which will end the two (2) class actions mentioned above. You have the right to attend said hearing, which will be held on the 21st of December 2022 at 9h30 am. The virtual link in order to access the hearing will be posted as soon as it is 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 aprouval 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, to be 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 will ask 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 a total amount of $103,072.22.
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, and give a percentage on each individual reclamation that will be sent in by members of the group.
How will the indemnity be distributed?
You will first have to fill out a reclamation form that will be available via the website “ https://greycasgrain.com/ ” in order for us to be able to identify you.
You will also have to send to the offices of 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 your name has to appear 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 object or make arguments at Court against said Agreement?
To present an objection or make an argument at the Superior Court concerning the Agreement and the distribution of sums, you can be present at the hearing, which will take place on the 21st of December 2022, either in person or virtually.
Additionally, you can send your written arguments to the lawyers for the group before the date of the hearing for approbation of the Agreement. All written contestations must be sent in before the 16th of December at 4h00 pm. All written arguments received before the hearing on approbation of the Agreement will be communicated to the Court.
Do I need to be represented by a lawyer to object to the Agreement?
No. You can object to the Agreement and argue your case in front of the court without being represented by a lawyer. However, if you wish, you can hire a lawyer at your own cost.
If I argue against the Agreement, but it is nevertheless approved by the Court, do I lose my right to claim an indemnity?
No. Even if you object to the Agreement, if you fulfill the criteria to be admissible for an indemnity and you have provided all the relevant information as per the instructions above, you have a right to claim your indemnity.
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.