Settlement/Claim Notice
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, following a public hearing, the Court approved the settlement of a conditionally certified class action.
Background of the Action
This class action was 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 alleged 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 Defendants defended this lawsuit and denied the allegations of negligence.
After extensive discussions, the representative Plaintiff and the Defendants negotiated a settlement of the class action, which the representative Plaintiff and Class Counsel believe is fair, reasonable and in the best interests of the Class.
By Judgment, following a public hearing on November 10, 2021, Justice Perell approved the terms of the settlement as fair, reasonable and in the best interests of the class.
By same Judgment, the Court approved the amount of legal fees, taxes and disbursements to be paid to Class Counsel as well as the amount to be paid to OHIP in satisfaction for its subrogated claim. These payments are separate and apart from the settlement and will not reduce any amount to which the Class Members are entitled.
Class Members
You are a Class Member, 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 and did not deliver a complete Opt-Out Form to the Claims Administrator before 5:00pm on Thursday, September 2, 2021.
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.
Each Eligible Non-Infected Class Member must 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. Such proof must be delivered by fax or by courier to the Claims Administrator before 5:00pm on Friday, March 25, 2022. After that deadline expires, no proof of testing will be accepted.
Each Eligible Non-Infected Class Member, who submits the required proof within the specified time frame, will receive a payment of $500.
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.
Each Eligible Infected Class Member must submit proofin 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. Such proof must be delivered by fax or by courier to the Claims Administrator before 5:00pm on Friday, March 25, 2022
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. For assistance with providing such evidence, the Eligible Infected Class Member may contact Class Counsel.
In the event of a positive blood test for Hepatitis C, Class Members will be required to provideadditional 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.
Each Eligible Infected Class Member, who submits the required proof within the specified time frame, will receive a payment of $75,000.
Effect of Approved Settlement
The Settlement is final and binding on all Class Members who have not opted out. It resolves 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 are 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.
More Information
To obtain more information about this class action, please contact Class Counsel or the Claims Administrator at:
Class Counsel
Will Davidson LLP
Unit 4 – 1464 Cornwall Road
Oakville, ON L6J 7W5
gmarsden@willdavidson.ca
(905) 815-5816
Claims Administrator
Guelph Dental Claims Administrator
c/o Epiq Class Action Services Canada Inc.
P.O. Box 507 STN B
Ottawa ON K1P 5P6
Fax: 1-866-262-0816