Catalyst Class Action FAQ
Am I a member of the class action?
In the Certification Order three separate classes are defined. If you fall within one of the three classes and are a resident of the province of British Columbia at the time of the Certification Order or during the period during which Optin In or Opting Out is allowed, you are automatically a member unless you opt out. If you are a BC Resident at that time, you can Opt Out of the class action.
What is the Class Action all about - what claims are being made?
In the class action, the plaintiff seeks to recover judgement for all of the claims described in the Notice of Civil Claim.
You can review the Notice of Civil Claim on our page for the Catalyst Class Action.
What is the effect of the Court certifying certain particular issues as Common Issues? Will all the Individual Issues relevant to my claim be resolved in the class action?
Class proceedings involve separate stages. The classes consists of a number of individuals whose claims share some issues but which have many individual issues. Common issues are those which affect all class members in the same way, individual issues (eg how much has the person lost for a particular benefit) are relevant to individuals only. The class action splits issues into common issues and individual issues. Normally, the common issues are resolved first, as the resolution of these issues benefit all class members. Once the common issues are resolved, if no settlement is achieved, class counsel will advance claims on behalf of each individual class member, as part of the class action, but fees will still be covered by the contingency fee so that claimants pay no fees unless recovery occurs.
My employment with Catalyst has been terminated, or is being terminated soon, and I have received a settlement offer (a severance package) - should I accept it, what happens if I do?
This is a decision that you must make yourself. Only you can decide what is right for you, in your particular circumstances.
You should, however, be aware that if you do accept a severance package, and if you sign a General Release of All Claims, you might not be able to participate in the class action. This depends on whether, by accepting the package offered by Catalyst, you will be seen as having settled all of your possible claims. If you sign a Release, depending on the language of the document, you may release all of your claims against Catalyst.
Your should consider whether any severance offer made to you:
- is based on an appropriate notice period, given the length of your service, your age, the availability to suitable alternative employment, and other relevant circumstances
- includes compensation for for unpaid, STIP bonuses, any pension claim you might have, and any claim for benefits or the rolled back benefits
- is based on all money and benefits you would have received during the notice period
- requires you to sign a Release that would preclude you from participaring in the class action
At the very least, we recommend that you do not sign any Release or any document which might amount to an agreement that your claims in the Class Action are barred, without obtaining legal advice.
Does it cost me anything to take part in the class action?
If we are successful in the action, with the court's approval, a portion of the award that we obtain for each of the members will go towards our legal fees and disbursements. If we are unsuccessful in the action, there will be no costs. You will not have to pay anything unless it is from money recovered on your behalf.
If I move to another province or out of the country, can I still take part in the class action?
Yes, you can still take part in the class action if you move away from British Columbia, as long as you are a member of the class and do not opt out.
What information and documents should I send to TevlinGleadle?
We will provide a form of questionnaire to be completed by the class members in due course. This questionnaire will describe the documents we will need. In the meantime you should organize and preserve documents relevant to your work history and your pension.
How long will it take for the Class Action to be resolved?
The answer to this question depends on circumstances which cannot be determined with certainty at this stage. Depending on the nature and extent of discussions between TevlinGleadle, class counsel, and counsel for the defendants, early resolution of some or all of the issues might be achieved, even in the next few months.
Worst Case Scenario: If all issues are fully disputed, and no agreements can be concluded with the defendants, and if all appeals are taken, final resolution of all claims might not occur for up to several years. However, we will endeavour to resolve matters as promptly as possible.