A class action was certified regarding a Department of Fisheries and Oceans (the “Crown”) scheme to divert individual vessel quota (IVQ) representing 10% of the Total Allowable Catch (TAC) to the Pacific Halibut Management Association for resale back to individual commercial halibut license holders.
A settlement of approximately $2.8 million has been reached in this case. The settlement was approved by the Supreme Court of British Columbia on September 11, 2015. The method of distribution, class counsel fees and an honorarium to the representative plaintiff was approved by the court on November 10, 2015.
On March 9, 2017, the court approved the payout of settlement funds to class members in stages. The first stage will be to pay out all claims to class members who are sole owners (company or individual) of the licensed vessel. The first stage includes approximately 80% of the class members who submitted a claim form. We anticipate cheques will be mailed out by the end of March for these claims.
The second stage will involve paying out settlement funds to the remainder of the class members, including joint owner claims, disputed claims, deceased claimant claims, and claims which have other issues with the submitted form. For those class members who fall within the second stage, you will be receiving correspondence from CFM within the next couple months detailing your claim and requesting further information if required.
On September 6, 2017, the court approved the second distribution of settlement funds in this class action, subject to obtaining additional information for claims made on behalf of deceased class members. We will proceed to issue and distribute cheques shortly.
On June 15, 2018, the court approved an order finalizing the distribution of settlement funds in this class action. The settlement distribution has now been completed, and the matter will be discontinued once all of the distribution cheques have been cashed.
This class action has been concluded. On September 12, 2018, a Consent Dismissal Order was filed with the court registry dismissing all claims.
Copies of the Reasons for Judgment of the Supreme Court of British Columbia may be viewed by clicking the following links:
For further information concerning this action, please contact Lise Carmichael at 1-800-689-2322 or 604-689-7555, or email [email protected].
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