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]
FAQs
What is a class action?
A class action is a lawsuit that is brought by one or more persons on behalf of a larger group of people whose claims share common legal and/or factual issues. Class actions provide a cost-effective way for groups of people with common interests to pursue a legal claim.
What does “certification” mean?
Certification is the motion where the court determines whether the action can properly be pursued as a class action. The court will consider factors such as whether the claims of the class members raise common legal and/or factual issues and whether a class action is the preferable method of pursuing the claims (as opposed to other methods, such as individual actions).
Do I have to pay anything to participate in the class action?
Class action lawyers are usually paid on a contingency basis. This means that class counsel are only paid if successful. Class counsel are paid a percentage of any settlement or court award. Class counsel fees are subject to court approval.
Who is affected by the ReproMed class action?
You may be affected by this class action if you or your partner’s reproductive material was stored at ReproMed – the Toronto Institute for Reproductive Medicine, in a storage tank that malfunctioned.
What should I do to protect my rights?
To protect your rights, you should keep any:
- correspondence from ReproMed relating to the storage tank malfunction;
- records of the fertility services provided by ReproMed and any expenses you incurred in relation to those services; and
- records of any additional fertility treatments and related expenses that you incurred as a result of the storage tank malfunction.
If you have not done so already, contact Siskinds and tell us how you’ve been impacted by this incident. All personal information provided to Siskinds will be kept private and confidential.
I still have a question. Who should I contact?
If you have a question, please complete the form on this page or call 1-800-461-6166
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)