Who is able to make a claim?
Any individual who lived in the Sanala Complex at any time after May 16, 2017, regardless of their age.
If I lived at Sanala after May 16, 2017 am I automatically a class member?
Yes, if you take no action and lived at Sanala after May 16, 2017 you are automatically considered a class member.
It is recommended that you email us at classaction@achesonlaw.ca to be added to the class member contact list or check the website frequently for updates.
If you do not wish to be a class member or to participate in this class action you may choose to exit the lawsuit. If you exit the lawsuit, you will receive no benefits from it but you retain the right to pursue the same claims made in the class action on your own.
Please be aware that you must opt out of the class action, if you wish to do so, by March 5, 2024 by filing out and returning the Opt-Out Form.
Can I make a claim now?
No, you are unable to make a claim until a settlement agreement has been approved by the BC Supreme Court.
What action is required at this time if I want to make a claim?
There are no actions that are required at this time if you wish to make a claim.
It is recommended that you email us at classaction@achesonlaw.ca to be added to the class member contact list or check the website frequently for updates.
What if I have suffered an injury or develop a health condition as a result of the conditions at Sanala?
This class action does not impact your ability or right to bring a personal injury lawsuit in relation to the conditions at Sanala. Compensation or benefits received as a result of this class action are not in relation to personal injuries, illnesses or other health conditions that you may have suffered or could develop in the future due to the conditions at Sanala.
Do I have a lawyer to represent me in the class action?
Yes. The Court has appointed Acheson Sweeney Foley Sahota LLP, a Victoria, BC law firm, to represent your interests and the interests of all Class members. You will not be asked to pay out-of-pocket for these lawyers. If the class action is not successful, you will not need to pay any legal fees. If the Proposed Settlement is approved, Class Counsel will receive legal fees of $50,000, which shall be donated in full to the Community Facilities Fund for Sanala’s redevelopment. If you wish to hire a different lawyer to represent you, in the class action or in an individual action, you may do so at your own expense.
If I remain in the class action, can I still sue the defendants for other things?
Yes. This lawsuit deals with circumstances and events at Sanala, and only affects your rights in relation to those matters. Participating in the class action does not affect your rights in relation to any other matters, including other claims against the same defendants, or any claims different defendants than those named in this action.
What happens if I have (or a member of my family has) suffered physical or psychological harm as a result of residing at Sanala?
The Proposed Settlement does not affect or limit personal injury claims, except by establishing that the deadline for bringing such claims does not begin to run until a Class member receives a medical diagnosis attributed or attributable to conditions at Sanala. You may still bring a claim of this type by initiating your own personal injury proceeding before a Court or tribunal.
Who is the representative plaintiff in the class action?
The representative plaintiff is Kari White, who commenced this lawsuit on behalf of the class members. She can be contacted through Acheson Sweeney Foley Sahota LLP, by calling toll free at 1-877-275-8766, emailing classaction@achesonlaw.ca, or mailing correspondence to #300-376 Harbour Road, Victoria, BC, V9A 3S1.
How will I find out about developments in the lawsuit?
Formal notices like this one will be provided to all class members when major steps occur, such as a judgment or settlement. Other updates shall be communicated to class members on achesonlaw.ca/sanala.
What do I do if I am not sure whether I am or a member of my household is a class member?
If you are not certain whether you are a class member, you should contact Acheson Sweeney Foley Sahota LLP, by calling toll free at 1-877-275-8766, emailing classaction@achesonlaw.ca, or mailing correspondence to #300-376 Harbour Road, Victoria, BC, V9A 3S1.
How do I participate in the lawsuit?
By taking no action at this time. This results in you automatically remaining in the lawsuit, and may entitle you to a share of any benefits obtained through a judgment or settlement.
It is recommended that you email us at classaction@achesonlaw.ca to be added to the class member contact list or check the website frequently for updates.
How do I remove myself from the lawsuit?
By filling out and returning the Opt-Out Form, postmarked no later than March 5, 2024, to:
Acheson Sweeney Foley Sahota LLP
C/O VIC-S-S-202187
#300-376 Harbour Road, Victoria, BC
V9A 3S1
If I remove myself from the lawsuit, can I pursue an individual case on my own?
Yes. However, your claim may be barred by limitation periods. You will need to commence your own proceeding against the defendants, and if you require a lawyer to represent you in your individual case, you will be fully responsible for bearing any related expense. You will also be fully responsible for taking whatever steps are necessary to protect your legal interests and prove your individual case against the defendants.
Whom can I contact if I have more questions about this notice or the class action?
Check achesonlaw.ca/sanala, call Acheson Sweeney Foley Sahota LLP toll free at 1-877-275-8766, email classaction@achesonlaw.ca, or mail correspondence to #300-376 Harbour Road, Victoria, BC, V9A 3S1.