Trinity Class Action Settlement
What is this Class Action About?
On March 11, 2011, a proposed class action was commenced in Toronto (the "Action"). The Plaintiffs allege that Fraser Milner Casgrain LLP, BDO Dunwoody LLP and others (collectively, the “Defendants”) were negligent in designing the Donation Program for Medical Science and Technology (the “Program”) and that the Settling Defendants were negligent in preparing professional tax opinions that were used to market the Program in the taxation years of 2001, 2002 and 2003.
Participants in the program were issued official charitable donation income tax receipts to permit them to claim an income tax credit for an amount that included the financed portion of the donation. The Canada Revenue Agency disallowed the income tax credits claimed by the donors and that decision was upheld by the Tax Court of Canada.
On May 30, 2013, the Action was certified as a class action.
On May 15, 2019, the proposed settlement was approved by the Ontario Superior Court of Justice.
The Settling Defendants deny liability in respect of the claims alleged in this Action.
Who can receive compensation under this class action?
Eligible class members are all persons, other than Excluded Persons, who participated in the Program in at least one (1) of the taxation years of 2001, 2002 or 2003.
If you opted out of this class action prior to October 1, 2013, you are not eligible to participate in the Settlement.
In order to participate in the Settlement, a Class Member must submit a claim to the Administrator no later than December 31, 2019 at 5 p.m. EST.
How will the Settlement Amount be distributed?
The Defendants will pay $37 million, in full and final settlement of all claims, to be distributed in accordance with the following priorities:
- $12,596,897 to the lawyers for the Class for fees, out of pocket expenses and taxes;
- $372,000 to the Class Proceedings Fund to repay the amount advanced to pay part of the costs of the action;
- all costs and expenses incurred in the administration of the settlement, including the costs of Epiq Class Action Services Canada, Inc. and Gregory D. Wrigglesworth of Kirwin Partners LLP, the Court appointed Administrator and Referee respectively; and
- a pro rata share of the balance to each Class Member (“the Compensation Fund”) in accordance with the Court-approved claims process and Plan of Allocation, less the 10% levy to the Class Proceedings Fund.
The Settlement Agreement and the Plan of Allocation may be viewed here.
Summary of Your Legal Rights and Options
|Submit a Claim|
The only way to receive a compensation was to submit a duly completed Claim Form and all required documentation no later than December 31, 2019 at 5 p.m. EST.
Mailed claim submissions must be postmarked by Canada Post no later than 5 p.m. EST on December 31, 2019.
|Do Nothing||Unless you opted out of the Action, you automatically remain a Class Member (if you qualify) and you are bound by the Settlement Agreement. You will get no compensation if you do not submit a claim before the claims deadline.|
|Object||The deadline for Class Members to object to the Settlement was May 13, 2019.|
|Opt Out||The deadline for Class Members to opt out of the Action was October 1, 2013.|