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A class action is a
lawsuit in which one or more persons, known as the Representative
Plaintiff(s), bring a claim on behalf of themselves and other persons
with whom they share a common dispute against one or more Defendants.
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What is
“certification”?
In order for a lawsuit to proceed as a class action, it must
first be certified as such by a judge. The Representative Plaintiff(s)
must bring a motion before the court seeking certification of the
lawsuit as a class action.
In order to be granted certification, the Representative
Plaintiff(s) must demonstrate to the court that 5 criteria have been
satisfied:
-
the
claims made on behalf of the class are properly set out;
-
the class
of people to whom the lawsuit will apply is properly defined;
-
the
claims made on behalf of the class pertain to disputes with the
Defendant(s) that are common to the class members;
-
a class
action is the preferable means of resolving the disputes between the
class members and the Defendant(s); and,
-
the
Representative Plaintiff(s):
a. is/are
able to represent the interests of the class;
b. has/have
no conflicting interest with the class members; and,
c.
has/have a workable plan to prosecute the litigation and to notify the
class of the proceeding.
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What are the effects of
certification of a class action?
Certification of a lawsuit as a class action gives rise to
the following:
-
the
Representative Plaintiff(s) is/are approved by the court and is/are
given a mandate to act on behalf of the class;
-
the class
members must be notified of the certification of the class action in a
form and manner that is approved by the court;
-
the class
members must be given the opportunity to opt-out of the class proceeding
before a certain date;
-
the court
must approve any settlement between the parties and must approve any fee
payable to class counsel;
-
the class
members must be notified of the form and manner of any settlement that
might occur between the parties and of the time and date of the hearing
at which the settlement is to be considered by the court; and,
-
the class
members must be notified of the form and manner of any fee payable to
class counsel fee payment in connection with the resolution of the
dispute(s) between the parties and must be notified of the time and date
of the hearing at which the fee payable to class counsel is to be
considered by the court; and,
-
the class
members are bound by the outcome of the lawsuits.
Certification itself
does not resolve any of the issues in dispute between the Representative
Plaintiff(s) on behalf of the class and the Defendant(s). These issues
must be resolved by settlement or a trial just as in any other lawsuit.
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Who are the
Representative Plaintiffs in these lawsuits?
James Jeffery and
D'Alton Rudd are participating policyholders of London Life Insurance
Company. Mr. Jeffery is a former actuary of London Life. Mr. Rudd is a
former Chief Actuary of London Life. John McKittrick is a participating
policyholder of The Great-West Life Assurance Company. Mr. McKittrick is
a retired businessman.
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Who are the Defendants
in these lawsuits?
The Defendants in these lawsuits are London Life Insurance
Company, The Great-West Life Assurance Company and Great-West Lifeco
Inc.
London Life and
Great-West Life are Canadian insurance companies. London Life is owned
by Great-West Life. Great-West Lifeco is an insurance holding company
and is the parent company of Great-West Life.
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Where can I find out
more information about the status of the lawsuits?
Information
on the latest developments in the progress of the lawsuits will be
posted on the home page of this website under the heading “Updates”.
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