NOTICE TO THE MEMBERS OF THE CLASS ACTION AGAINST 13 “CLINIQUES ZÉRO GRAVITÉ” CHIROPRACTORS (C.S. 500-06-000731-154)
A SETTLEMENT AGREEMENT HAS BEEN REACHED AND A HEARING FOR ITS APPROVAL
WILL TAKE PLACE ON NOVEMBER 29, 2022
TO ALL MEMBERS OF THE CLASS ACTION:
PLEASE READ THIS NOTICE CAREFULLY. DISREGARDING THIS NOTICE MAY AFFECT YOUR RIGHTS.
1. TAKE NOTICE that a settlement was reached on September 23, 2022 in the context of the class action bearing the court number 500-06-000731-154 instituted by Ms. Stéphanie Baulne against chiropractors who practiced at “Cliniques Zéro Gravité”, the Canadian Chiropractic Protective Association and Intact Insurance. This class action was authorized on November 9, 2016 with respect to the following individuals:
‘’All individuals who have undergone treatments consisting of lumbar stretching / traction and / or neurovertebral decompression using the Axiom DRX9000 device, performed by chiropractors practicing in one of “Cliniques Zéro Gravité S.E.N.C.”’s places of business, from May 5, 2010 onwards’’
2. The settlement will be submitted for approval by Justice Suzanne Courchesne, the judge seized of this class action, on November 29, 2022 in room 15.11, starting at 9:30 a.m.
3. This class action was undertaken to claim compensation for damages due to the defendants’ alleged faults and suffered by individuals who received treatment using the Axiom DRX9000
4. The settlement reached by the parties aims to end the class action and to set up a process to handle the claims of the class
5. The settlement reached by the parties constitutes a compromise intended to settle the disputed claims and does not constitute an admission of guilt on any fact, liability, wrongdoing or fault on the part of the defendants;
6. The settlement provides, among other things:
a) The payment, by and on behalf of the defendants, of a total amount of $1,500,000 as a global and final settlement of the class action;
b) The payment, out of this sum of $1,500,000, of the fees and disbursements of the applicant’s and class’s attorneys, for the costs related to the claims administration, should the Agreement be approved by the Court, as well as the applicable taxes on these amounts;
c) The available balance, following the payment of the sums described above, in paragraph b., will be shared equally among class members whose claims have been approved by the claims administrator;
d) Considering that “Cliniques Zéro Gravité” clients could take advantage of the satisfaction guarantee offered by the clinics, and thus be reimbursed for the cost of the first 7 treatments received, only claims submitted by or on behalf of class members having received more than 7 treatments, at least one of which having been performed after May 4, 2010, may be approved, if they otherwise meet the requirements provided for in the settlement as to the documents to be submitted in support
7. Should you disagree with the settlement, you can object to it by appearing at the hearing which will take place on November 29, 2022 at 9:30 m. in room 15.11 of the Palais de justice de Montréal, located at 1, rue Notre-Dame Est, in Montreal, provided that you have informed the applicant’s and class’s attorneys, in writing, and provided any supporting documents or evidence, at least five days prior to the hearing at the following address:
File number : 500-06-000731-154
Ménard Martin Avocats
4950 Hochelaga
Montreal, Québec, H1V 1E8 Tél : (514) 253-8044
Fax : (514) 253-9404
Email : [email protected] Website: www.menardmartinavocats.com
THE CONTENT AND THE PUBLICATION OF THIS NOTICE HAVE BEEN AUTORISED BY JUSTICE SUZANNE COURCHESNE OF THE SUPERIOR COURT OF QUÉBEC ON OCTOBER 7, 2022.
MONTREAL, October 13, 2022
ATTORNEYS FOR THE APPLICANT AND THE CLASS MÉNARD, MARTIN AVOCATS
4950, Hochelaga street Montreal (Quebec) H1V 1E8
Website: www.menardmartinavocats.com Email: [email protected] Telephone: (514) 253-8044