Sunrise Propane Explosion
The certification motion had been scheduled to be argued during the week of October 25, 2011. In an effort to promote settlement and ensure the registration of as many people as possible on our website, subject to court approval, counsel agreed to a certification order which would allow the case to proceed to trial. This agreement was, however, subject to a condition that anyone effected by the explosions who wanted to claim damages must register their claim within six months from the date of the order, failing which they would be barred from making a claim. In this way, at the end of the six month period the defendants would know exactly how much was being claimed and would be able to make a concrete settlement proposal.
The judge heard this proposal on October 27, 2011 and requested additional submissions which were filed November 18, 2011. On December 16, 2011 the judge declined to approve the order. Her reasons can be read by clicking here. The judge was concerned that the proposal would eliminate persons who did not make a claim within the six months. (We had argued that four years had passed since the explosions and that was enough time enough for people to come forward).
The result is that the conditional agreement will not proceed. Instead the certification motion will be argued on May14-18, 2012. While we are disappointed that the judge did not approve what we believed was a creative proposal to speed up the case, we are confident that certification will be awarded in May 2012.
Meanwhile, we urge those class members who have not registered their claims on the website to do so immediately. If they need assistance, they can email Sonia Pillitteri or call (416) 365-9320 Ext. 131.