The Claims
Class action filed on behalf of passengers and their families who have been harmed as a result of the crash of Fly Jamaica Flight OJ256 in the early morning hours of November 9, 2018.
The Class
Passenger Class – Passengers who were aboard Flight OJ256 except for the following persons excluded from this class: (i) as against all the Defendants: on-duty employees of Fly Jamaica Airways Ltd. including the pilots in command, co-pilots and flight attendants; and (ii) as against Fly Jamaica Airways Ltd.: passengers whose claims against Fly Jamaica Airways Ltd. and the Flight Crew and Cabin Crew are not subject to jurisdiction before the Courts of Canada under the Carriage by Air Act, R.S.C. 1985, c. C-26, as amended; and (iii) passengers who opt out of the class proceeding
Family Claimant Class – The spouse, children, grandchildren, grandparents, brothers and sisters of a Passenger Class member who are entitled to claim damages pursuant to Section 61 of the Family Law Act, R.S.O. 1990, c. F.3, as amended and, or section 2(5) and Schedule II of the Carriage by Air Act, R.S.C. 1985, c. C-26, as amended. Relatives of a Passenger Class member who has chosen to opt out of the class proceeding are excluded from this class.
Updates
- On November 30, 2018, the class action was commenced.
- On September 19th, 2019, Justice Morgan approved the Plaintiffs’ motion to have this action certified as a class action.
- In December 2023, a settlement of the proposed class action was reached.
- On January 10, 2024, a settlement fund totaling up to $5,550,000.00, was approved.
Documents
- Notice of Certification
- Opt Out Form
- Decision of Justice Morgan, September 19, 2019
- Certification Order, September 19, 2019
Contact Us
Contact us if you have any questions or if you want to join this case.