This class action has settled and the settlement funds have been distributed to approved claimants.
Please see the Developments and Documents sections below for further details.
This class action related to the malfunction of a cryogenic storage tank at a fertility clinic in Etobicoke, Ontario. The plaintiffs alleged that on or about May 22, 2018, there was a malfunction in a cryogenic storage tank manufactured by Chart Industries, Inc. and located at ReproMed – the Toronto Institute for Reproductive Medicine. As a result of the malfunction, the eggs and embryos stored in the storage tank were destroyed.
The class action named ReproMed Ltd., The Toronto Institute for Reproductive Medicine Inc., Dr. Alfonso Del Valle, Chart Industries, Inc., and Praxair Canada Inc. as defendants.
Developments
Approval of the Settlement, Plan of Allocation and Class Counsel Fees
The Settlement Agreement, Plan of Allocation, and Class Counsel Fees received final approval from the Ontario Court. Please see the Documents section for further details.
Opt-Out Procedure
The deadline to opt-out of the class action passed on March 10, 2020.
Approval of Payment Amounts
By Order dated December 10, 2020, the Ontario Court approved payments to eligible claimants. The Court also approved Class Counsel's disbursement request.
The settlement funds have been distributed to approved claimants.
Questions may be directed to:
Phone: 1.800.461.6166
Email: [email protected]
Documents
Order of Justice Baltman dated December 10, 2020 (Authorizing Distribution)
Order of Justice Baltman dated March 23, 2020 (Fee Approval)
Order of Justice Baltman dated February 5, 2020 (Settlement Approval)
Notice of Certification, Settlement Approval Hearing, and Opt-Out Procedure
Settlement Agreement executed December 3, 2019
Order of Justice Baltman dated December 19, 2019 (Notice Approval and Consent Certification)
Order of Justice Baltman dated February 28, 2019 (Production of Information)