TORONTO, Dec. 22 /CNW/ - The law firm of Rochon Genova LLP announced today that The Ontario Superior Court of Justice (the "Court') has released an Order dated December 22, 2010 approving the settlement of the class action Maggisano v. Skyservice Airlines Inc.

On June 2, 2005, a proposed class action lawsuit was commenced in the Ontario Superior Court of Justice, against Skyservice Airlines Inc. ("Skyservice") on behalf of passengers of Skyservice Flight No. 5G560, which departed from Toronto en route to Punta Cana, Dominican Republic on May 22, 2005 ("Flight 560"), and their family members.  The class action seeks to recover damages for injuries and economic losses following the Flight 560 hard landing accident in Punta Cana, Dominican Republic.

This case was certified as a class action proceeding on November 10, 2010 and a formal settlement agreement has been executed by the parties (the "Settlement"). The Settlement required approval by the Court which was obtained today.

The Settlement resolves the claims of all Class Members who did not opt out of the class action as of December 17, 2010, who are defined as:

              A)          All persons who were passengers on Skyservice Flight No. 560 which departed from Toronto en route to Punta Cana, Dominican Republic on May 22, 2005 ("Flight 560")  ("Primary Class Members"); and
              B)           Persons related to persons listed in subparagraph (a) above who are entitled to claim pursuant to section 61 of the Family Law Act, R.S.O. 1990, c. F-3 ("Derivative Class Members").

The Proposed Settlement provides that:

  • Skyservice shall pay all Class Member Bodily Injury damages and damages of Derivative Class Members arising from the landing of Skyservice Flight 560;
  • Skyservice shall pay any associated subrogated claims of OHIP for those Class Members with Bodily Injury claims; and
  • Skyservice shall pay pre-judgment interest in accordance with the Courts of Justice Act.

The Settlement resulted from lengthy negotiations and represents a compromise.  The Settlement is not an admission of liability, wrongdoing or fault on the part of the Defendant.

Settlement Approval

The Settlement was approved by the Superior Court of Justice today.  A notice of settlement approval will be mailed to Class Members which will provide instructions on how to make a claim to receive compensation from the Settlement.

Participation in the Settlement May Affect Other Actions Commenced by Class Members

Class Members will be bound by its terms of the Settlement Agreement, unless they have "opted out".  This means Class Members may participate in the settlement by filing a proper claim but will not be able to bring or maintain any other claim or legal proceeding against the Defendant or any other person released by the Settlement in relation to the matters alleged in the class action.  

Copies of the settlement approval materials will be available for inspection by Class Members on Class Counsel's website at  Notice of this settlement approval will be mailed out to Class Members and will be available on the aforementioned website and in this press release.

SOURCE Rochon Genova LLP

For further information: For further information:

Rochon Genova LLP
Vincent Genova/ Christina Barbato
121 Richmond Street West     
Toronto, Ontario      
M5H 2K1                 

Phone: (416) 363-1867
Fax: (416) 363-0263

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