Sept 28, 2016
GLGI Proposed Class Action Lawsuit Update
The following is an update on the status of the proposed GLGI class action lawsuit.
A Statement of Claim was filed with the Saskatchewan Court of Queen’s Bench in March, 2016, seeking certification of a Canada-wide GLGI class action. Subsequently, two further amendments have been filed with the Court regarding the same Claim.
Personal service of the Claim has occurred on a number of the Defendants, but for other Defendants, completing personal service continues to be an issue. A few of the Defendants appear to be avoiding service, but MLG is optimistic that we will be able to personally serve each Defendant. Merchant Law Group LLP (MLG) serves only as counsel for the Representative Plaintiff for this litigation. (In July, 2016, a court application was made to the Court for an Order authorizing substituted service on some Defendants and an extension of time to serve the Claim. A Judge granted an Order extending time for service until February 16, 2017, and MLG received several approvals for substituted service on certain Defendants.) Presently, out of the 38 total Defendants to the Claim, there remains 8 with unresolved service issues.
MLG has received several inquiries within the last few months from potential class members who have been contacted recently by the CRA. MLG would like to reiterate that the existence of class action litigation does not change your immediate circumstances, and you can expect that the CRA will pursue ongoing tax proceedings against you. We strongly suggest that you contact a tax professional without delay, to address what steps you might take in regards to your personal tax situation pending the outcome of this class action litigation.
MLG cannot offer to assist you with regard to any individual CRA issues you may be facing, and pending class action litigation will not prevent the CRA from taking steps while the class action litigation is unresolved. You must take steps on your own (or through your personal tax professional) to address any inquiries or notices you may receive from CRA.
MLG is working diligently on this class action litigation. Our firm would like to see this proposed class action resolved promptly but it is likely to take some years before this case is concluded, as class action litigation is normally a lengthy Court process. Our firm is only pursuing this litigation as a class action. Our firm is not in a position to provide advice on your personal circumstances or respond to individual inquiries. We cannot predict at this time whether or not you or your family would be eligible to seek compensation even if this class action is successful, as the ‘class definition’ (i.e.: who are defined as members of the class) has not yet been decided by the Court. This general information is being provided simply as a courtesy, and nothing in our correspondence is intended to be legal advice or opinion. You can expect to receive a further update from our law firm regarding the status of the GLGI class action in May, 2017.
Merchant Law Group LLP
Per: Joshua Merchant, LL.B.