Case Update – May 28, 2018

We write further to our last update on this matter, June 12, 2017.

In that update, we explained that we were in the “discovery” stage of the case, where both sides disclose and exchange all documents that are relevant to issues that have been “certified” by the court as common issues. For a description of the certified common issues, click here to see our earlier post on this topic.

We continue to be in the “discovery” stage of the case and have now sought the Court’s assistance to get this proceeding back on track. Specifically, back in April 2016 we obtained an Order from the Court requiring Canada Cartage to produce certain categories of documents to the plaintiff and the class, including documents from the “terminal-level” of the company that relate to the certified common issues.

Canada Cartage has not completed its production of terminal-level documents to the plaintiff and the class as ordered by the Court. The deadlines for compliance have passed. Canada Cartage has asserted that requiring it to retrieve documents from its terminal-level operations would be too time consuming and costly. Canada Cartage has said that requiring it to produce these documents would be “disproportionate”.

On April 13, 2018, we delivered a motion brought on behalf of the plaintiff and the class seeking to get this proceeding back on track by re-setting and re-establishing deadlines for Canada Cartage to produce its terminal-level documents. Click here to read the written argument that we have delivered to the Court asking that the deadlines be reset.

One week later, on April 20, in response to the request to re-set deadlines for its production of terminal-level documents, Canada Cartage brought a motion to vary (i.e., change) its obligations under the court order requiring it to produce these documents. We have resisted this effort on behalf of the plaintiff and the class. Click here to read our written submission resisting Canada Cartage’s motion to vary.

Our case management judge, Justice Belobaba, has agreed to consider both the April 13 motion and the April 20 motion in writing, without the parties having to attend court. We hope to receive Justice Belobaba’s decision in the coming weeks and will update you when it is received.

On a different note, we are delighted to add Breanna Needham to the team of lawyers working on this lawsuit. We are lucky to have her.

We thank you for your continued interest in the case, and your patience as we move through the “discovery” stage of the case. We remain fully committed to this lawsuit and to working our hardest to advance the interest of class members.