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Update: February 23, 2011
On February 23, 2011, the Honourable Mr. Justice Perell approved the settlement with the defendant MyTravel Canada Holidays Inc. To view a copy of the reasons for this decision or to view any of the settlement documents, including the detailed notice and claim form, please click on the links below.
Class members wishing to file a claim, or seeking information on the claim process, can reach the claims administrator at mytravel@nptricepoint.com or toll free by dialing 1.866.432.5534. The deadline to submit claims is April 18, 2011.
Sunquest General Instructions
Sunquest Long-Form Notice
Sunquest Claim Form
Sunquest Opt-Out Form
Sunquest Settlement Agreement
Sunquest Settlement Approval Decision
Sunquest Settlement Approval Order
Update: April 6, 2009
On February 18 and 19, 2009, Rochon Genova LLP appeared before the Divisional Court to appeal the July 10, 2007 decision of Justice Perell which denied certification of the Sunquest class action. [Read full article]
Update: January 13, 2009
On June 23 and 24, the certification hearing was held in Toronto. Unfortunately, the Ontario Superior Court did not certify this case as a class proceeding. However, we are appealing that decision. The appeal hearing will be held on February 18 and 19, 2009. We will update this website following a decision on the appeal.
Update: June 23, 2008
The certification hearing will take place on June 23 and 24, 2008 at the Courthouse, 361 University Avenue, Toronto in Room 6-4. The hearing will start at 10:00 a.m.
The certification motion will determine if this case can proceed as a class proceeding. The court will hear arguments from Rochon Genova LLP and from counsel for the defendants. Generally speaking, the court shall certify the case If the court determines that: (a) there is a cause of action; (b) there is an identifiable class; (c) there are issues common to all class members to be determined at trial; and, (d) a class proceeding is the preferable procedure for resolving the claims of the class. In that event, this website will be further updated to provide additional information.
Update: February 22, 2008
The certification motion in this case will be heard by the Ontario Superior Court of Justice on June 23 and 24, 2008. Once the specific location of the hearing is known, it will be posted on this site for those class members who may wish to attend.
The certification motion will determine if this case can proceed as a class proceeding. The court will hear arguments from Rochon Genova LLP and from counsel for the defendants. Generally speaking, the court shall certify the case If the court determines that: (a) there is a cause of action; (b) there is an identifiable class; (c) there are issues common to all class members to be determined at trial; and, (d) a class proceeding is the preferable procedure for resolving the claims of the class. In that event, this website will be further updated to provide additional information.
Introduction
On November 14, 2005, the law firm of Rochon Genova LLP launched a class action against MyTravel Canada Holidays Inc. and MyTravel Group plc on behalf of all persons who reserved a trip through Sunquest and vacationed at the Riu Resorts in Dominican Republic between November 1, 2004 and June 7, 2005.
The class proceeding was commenced by Suzanne Lavier on behalf of herself and the class members. The claim seeks damages for the class resulting from the outbreak of a viral illness at the Riu Resorts during the class period. The allegations have not yet been proved in court.
It is expected that the court hearing to certify this case as a class proceeding will take place later in 2007.
For further information regarding your legal rights if you have had a similar experience, contact Rochon Genova LLP via postal mail, email, or telephone locally at (416) 363-1867 or toll free at 1-866-881-2292. |
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