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Class Action Lawsuit Update - January 2025


 

Thank you all for your interest in this class action lawsuit.

 

Throughout, I have provided regular email updates and webinars to those registered, so they can stay informed and ask any questions. Public updates have been limited as our counsel, Umar Sheikh, has been quietly focused on legal matters as his priority.

 

I realize, however, that many Free to Fly supporters have a keen interest in where things are at, and as one of the representative plaintiffs I want to provide you all with clarity.

 

General

 

First and foremost, to understand our strategic approach please read the entire Statement of Claim and review the FAQ document, both of which can be found here. If you are interested in participating as part of the eventual class, this is especially important.

 

Legal

 

Some of this may cover old ground, but is beneficial as a refresher:

 

  • May 16, 2023: The initial Statement of Claim was filed and registered with the court.

  • June 2, 2023: Associate Judge Michael D. Crinson and Justice Mandy Aylen were assigned as case management Judges. These are not the trial judges, but rather assigned to work with counsel through the procedural lead up to a certification hearing, addressing matters like timetables, amendments, preliminary motions and the like.

  • June to October 2023. Many administrative and procedural matters filled our counsel’s time, including numerous queries from Attorney General’s (AG) counsel. At all times, the goal was to achieve and maintain the strategic high ground, taking into consideration the evolving judicial landscape, conversations with AG counsel and research with our own experts.

  • October 11, 2023. Out of the above process, changes were made to the Statement of Claim, and an amendment was filed.

  • October 2023 to April 2024. Further queries and roadblocks required substantial time, effort and consultation.

  • April 4, 2024: A case management conference was held to discuss administrative and procedural matters. Just prior to that meeting, and as we anticipated, the AG filed a motion to strike. The next month involved many hours of work for our legal team and thousands of pages of response.

  • May 23, 2024: Motion to strike hearing was heard in Vancouver Federal court.

 

We have been waiting since that time, eight months, for a decision on the motion to strike. Requests for update are generally not made to the court, but given the length of time passed, we have done so three times. These have been kindly and promptly acknowledged by the clerk of the court, but we have not received any information.

 

In terms of timeline, we need a decision on this motion to strike, and if favourable, then we can proceed towards class certification as the next step.

 

To make matters more interesting, a very similar motion to strike hearing occurred December 13, 2024 and a response was received only weeks later on January 2, 2025, one that was largely favourable.

 

Funding

 

Thank you for your ongoing support and your interest in this important legal action. If you would like to donate to help defray our legal expenses, please e-transfer to info@freetofly.ca, along with an email explaining what your donation is for.

 


Greg

 

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