CLASS ACTIONS AGAINST THE CITY OF MONTRÉAL REGARDING PROTESTS HELD BETWEEN JUNE 7, 2012 AND MARCH 15, 2014
NOTICE OF APPROVAL OF THE SETTLEMENT AGREEMENT
IN THE FOLLOWING 8 FILES:
500-06-000634-127, 500-06-000662-136, 500-06-000663-134, 500-06-000664-132, 500-06-000665-139, 500-06-000667-135, 500-06-000668-133 et 500-06-000694-147.
The purpose of this notice is to inform you that the Superior Court of Quebec, by judgment rendered on February 22, 2023, approved the settlement agreement (the “Agreement“) reached between the plaintiffs Marcel Sévigny, Sandrine Ricci, Guillaume Perrier, Marcos Ancelovici, Bernice Chabot-Giguère, Jennifer Cartwright, Sophie Desbiens and Perry Bisson (the “Plaintiffs“) and the defendant City of Montreal (the “City“) in eight (8) class actions concerning six demonstrations held in Montreal between June 7, 2012 and March 15, 2014.
The Court also approved the terms of payment of the fees and disbursements of the law firm Melançon, Marceau, Grenier, Cohen (“MMGC“), which represents the Plaintiffs, as well as the terms of distribution of the indemnity to class members.
THE CLASS ACTIONS AND THE CLASSES
The class actions, certified by the Superior Court on August 22, 2014, alleged that the Service de police de la Ville de Montréal (“SPVM”), during six demonstrations held between June 7, 2012 and March 15, 2014 in the City of Montreal, violated the fundamental rights of the plaintiffs and the class members by arresting and detaining them while they participated in demonstrations.
The Plaintiffs claimed moral and punitive damages for all class members for the harm caused by faults committed by the SPVM during the above-mentioned events, in particular with regard to the violation of their fundamental rights.
You are a class member affected by this notice if you were detained by the SPVM on June 7, 2012 at around 6 pm, on Notre-Dame Street, between des Seigneurs and Richmond streets in Montreal.
You are also a class member affected by this notice if you were arrested and/or detained in an encirclement carried out by the SPVM on any of the following dates and locations:
- March 15, 2013, on Sainte-Catherine Street, between Sainte-Élizabeth and Sanguinet streets, from around 5:45 pm;
- March 15, 2013, on Sainte-Catherine Street, between Sanguinet and Saint-Denis streets, from around 6:30 pm;
- March 22, 2013, on de Maisonneuve Boulevard, between Saint-André and Saint- Timothée streets, from around 6:20 pm;
- March 22, 2013, on Saint-Timothée Street, near the intersection with de Maisonneuve Boulevard, from around 6:15 pm;
- April 5, 2013, on de Maisonneuve Boulevard, between Berri and St-Hubert streets, in Montréal, around 6:35 pm;
- May 1, 2013, around 7:15 pm, at Place Royale, at the corner of de la Commune Street West;
- March 15, 2014, around 3:20 pm, on Chateaubriand Street, between Jean-Talon and Bélanger streets in Montréal.
Please note that you are also affected by this notice if you are acting as an heir to a deceased person who was part of any of the classes mentioned.
THE SETTLEMENT AGREEMENT
In the Agreement, the City of Montreal undertakes to publish a letter of apology on its website, in which it acknowledges that certain actions taken by police forces and the municipal administration with regard to participants in the demonstrations covered by these class actions have infringed some of their fundamental rights, thereby causing them damages.
The City of Montreal agrees to pay a total sum of $ 6,000,000 in moral damages in settlement of a total of sixteen (16) class actions, including all eight (8) class actions mentioned in this notice and eight (8) other files based on similar facts and issues.
The proportion of this amount attributable to the 8 class actions that are the subject of the present notice is $3,104,841.30.
This amount was determined in proportion to the number of people affected by the 8 class actions mentioned in this notice, compared to the total number of people affected by the 16 class actions that are the subject of the Agreement.
The fees and disbursements of MMGC and the costs of administering and distributing the indemnity will first be deducted from the total amount paid by the City.
The balance will then be divided by the number of claims received within six (6) months of the approval of the Agreement, with the understanding that it is possible that a person may be a member of more than one class and therefore have more than one claim.
HOW TO SUBMIT A CLAIM
You have until August 22, 2023 to fill out the claim form available on the MMGC website (www.mmgc.quebec) and to send it by email to email@example.com or by mail to 1717, René- Lévesque Blvd. East, Suite 300, Montreal, Quebec H2L 4T3.
For class members detained by the SPVM on June 7, 2012, the claim form includes a sworn statement in which you must attest that you are a member of the class and explain, in one paragraph, your experience of the detention. MMGC reserves the right to question you about your statement if the number of claimants exceeds 350.
Once these steps have been completed, your claim will be analyzed by MMGC as administrator of the claims and a cheque will be sent to you at the address indicated in the claim form.
You can also indicate, via the claim form, whether you are acting on behalf of the estate of a deceased person who could have filed a claim under the Agreement had it not been for their death.
FOR FURTHER INFORMATION
For more information, you can consult the MMGC website at the following address: www.mmgc.quebec.
You can also contact MMGC by email at firstname.lastname@example.org, by mail at 1717, René- Lévesque Blvd. East, Suite 300, Montreal, Quebec H2L 4T3, or by phone at 514- 525-3414.
In the event of any discrepancy between the text of this notice and the Agreement, the text of the Agreement prevails.
PUBLICATION OF THIS NOTICE HAS BEEN APPROVED BY THE COURT.