Guelph Dental Associates Class Action: Notice of Opt-Out and Settlement Approval Hearing
Guelph Dental Associates Class Action: Notice of Opt-Out and Settlement Approval Hearing
If you received dental care and services at the dental clinic formerly located at 380 Eramosa Road in Guelph, Ontario and known as “Guelph Dental Associates”, during the period from January 21, 2015, to June 21, 2017, take notice that your legal rights may be affected.
Background of the Action
A class action has been conditionally certified for the purposes of settlement on behalf of persons who received dental care and services at the dental clinic formerly located at 380 Eramosa Road in Guelph, Ontario and known as “Guelph Dental Associates”, during the period from January 21, 2015 to June 21, 2017.
The class action alleges that the Defendants were negligent in the provision and/or supervision of the provision of dental services and such negligence exposed individuals to the risk of contracting certain communicable diseases.
The Court has appointed Kimberley Lowe as the ‘representative plaintiff’.
The Defendants have defended this lawsuit and denied the allegations of negligence.
After extensive discussions, the representative Plaintiff and the Defendants have negotiated a proposed settlement of the class action (“Proposed Settlement”), subject to the approval by a Judge of the Superior Court of Justice. The Plaintiff and Class Counsel believe that the Proposed Settlement is fair, reasonable and in the best interests of the Class.
A motion to approve the Proposed Settlement will be heard at 10:00 a.m. on Wednesday, November 10, 2021, at the Superior Court of Justice. At the hearing of the motion, if the presiding Judge is satisfied that the terms of the Proposed Settlement are fair and reasonable and in the best interests of the class, the Proposed Settlement will be approved.
If the Proposed Settlement is approved, the Court will be asked to approve two additional components of the settlement: firstly, the amount of legal fees, taxes and disbursements to be paid to Class Counsel; and, secondly, the amount to be paid to OHIP in satisfaction for its subrogated claim. These payments will be separate and apart for the Proposed Settlement and will not reduce any amount to which the Class Members are entitled pursuant to the Proposed Settlement.
Class Members
If you received dental care and services at the dental clinic formerly located at 380 Eramosa Road in Guelph, Ontario and known as “Guelph Dental Associates”, during the period from January 21, 2015 to June 21, 2017, you are a class member.
As a class member, you do not need to do anything to remain part of this class action. If you are part of this class action and do not actively participate in the litigation, there is no risk that you will be required to pay anything in respect of it. However, this class action will determine your legal rights concerning the claims made in this class action either by the proposed settlement or, if the court does not approve the proposed settlement, by the decision made by a judge of the Superior Court of Justice following a trial.
Opt-Out
If you do not wish to have your rights determined by this class action, you must remove yourself from the class action through a time-limited process called “opting out”. If you opt-out of this class action, your legal rights will not be determined by the outcome of the class action. You will have the right to bring your own action or lawsuit with your own lawyer and at your own expense. However, there is a risk that the time limit for you to commence your own action may have passed.
Members of the class may only opt out of the class action by delivering an Opt-Out Form by fax or by courier to the Claims Administrator before 5:00pm on Thursday, September 2, 2021. After that deadline expires, no class member may opt out of this class action.
Proposed Settlement
From the Class Members, only Eligible Class Members shall be entitled to compensation pursuant to this Proposed Settlement.
a) Eligible Non-Infected Class Members
If you are a Class Member and tested negatively for Hepatitis B, C and HIV in the period from June 30, 2017, to June 30, 2018, you are an Eligible Non-Infected Class Member.
If the Proposed Settlement is approved, each Eligible Non-Infected Class Member will be required to submit proof to the Claims Administrator in the form of a doctor’s note or supporting laboratory confirmation that actual testing was obtained for Hepatitis B, C and HIV in the period from June 30, 2017, to June 30, 2018.
The Proposed Settlement provides for payment of $500 to each Eligible Non-Infected Class Member, who submits the required proof within the specified time frame.
b) Eligible Infected Class Members
If you are a Class Member and tested positively for Hepatitis B, C and/or HIV in the period from June 30, 2017, to June 30, 2018, you are an Eligible Infected Class Member.
If the Proposed Settlement is approved, each Eligible Infected Class Member will be required to submit proof in the form of a doctor’s note or a supporting laboratory confirmation to establish that the Class Member tested positive for Hepatitis B, C or HIV. Additionally, the Class Member will have to provide evidence in a form satisfactory to the Claims Administrator that the Class Member contracted Hepatitis B, C or HIV at the Dental Clinic.
In the event of a positive blood test for Hepatitis C, Class Members will be required to provide additional evidence in the form of a doctor’s note or laboratory confirmation to establish that the Class Member tested positive for Hepatitis C on a PCR test no later than the date that a Claim Form was filed with the Claims Administrator.
The Proposed Settlement provides for a payment of $75,000 to each Eligible Infected Class Member, who submits the required proof within the specified time frame.
Effect of Approved Settlement
If approved by the Court, the Proposed Settlement will be final and binding on all Class Members who have not opted out. It will finally resolve all causes of action of the Class Members arising from the matters set out in the Statement of Claim. Class Members who have not opted out will be deemed to have released the Defendants and their predecessors, successors, assigns, agents, past and current employees or directors and officers of any actions, causes of action, suit, claims or demands, including those claims, set out in the Statement of Claim issued on July 20, 2017, in the action known as Court File No. CV-17-579325.
Participating at the Approval Hearing
If you approve of the Proposed Settlement, you do not need to do anything. You will be notified of the results of the approval hearing.
Class members who wish to comment on or make an objection to the either the Proposed Settlement or Class Counsel’s request for fees must deliver a written submission to the Claims Administrator, by no later than Thursday, September 30, 2021. The Claims Administrator will forward all such submissions to the Counsel and the Court. If you do not submit such written submissions, you may not be entitled to participate in the approval hearing through oral submissions or otherwise.
Class Members may attend the approval hearing if they desire. If you wish to attend the approval hearing, please contact the Claims Administrator for additional details.
More Information
To obtain more information about this class action, please contact Class Counsel or the Claims Administrator at: