Settlement Agreement reached between VIA Rail Canada Inc. (« VIA ») and Gaétane Cummings

An agreement was reached and was approved by the Superior Court of Québec, district of Montreal, in connection with a class action instituted by Ms. Gaétane Cummings against VIA Rail Canada Inc. (hereinafter “VIA”). The class action was brought in Québec, but it covers all the members in Canada. The agreement reached and approved between Gaétane Cummings and VIA may concern you. You have rights to take into consideration. This notice explains how the class action works, who is a member of the group, the agreement itself and your rights.

Gaétane Cummings instituted a class action against VIA on behalf of all the members in Canada with regard to the accessibility of VIA trains. Gaétane Cummings basically contends that VIA trains and the sleeper cars that form part of them are not accessible for disabled people who permanently rely on a wheelchair for their mobility and, therefore, that VIA would be in default of complying with the obligations imposed on it by law. VIA disputes these contentions.

In a class action, a person referred to as the “representative of the group” institutes legal proceedings in the name of all those who have the same problem and who are referred to as the “group”. Gaétane Cummings represents all the members of the group. The group includes all Canadian residents. A class action enables the court to rule on the issue in dispute for all the members of the group, except for those who elected to be excluded from/to opt out of the group.

The court did not render a final decision in favour of either Gaétane Cummings or VIA. There was no trial. Instead, both parties reached an agreement to settle the class action once and for all. Gaétane Cummings and her attorney, Mr. Jean Yanakis, feel that the agreement is the best solution for all the members of the group in Canada; which the court did by its judgement of October 21, 2013.

You are a member of the group if you are part of one of the following sub-groups:

Group A: all persons residing in Canada who have a disability and are permanently reliant on a wheelchair for their mobility and who personally purchased a train ticket from VIA for a trip these individuals took between August 31, 2007 and August 31, 2010 between Toronto and Vancouver with at least one night onboard in a rail car with a sleeping compartment used by VIA in trains that namely travel between Toronto and Vancouver (“Sleeper Car”);or

Group B: all persons residing in Canada who have a disability and are permanently reliant on a wheelchair for their mobility, but who are not members of Group A, and who want to travel onboard a VIA train for a trip between Toronto and Vancouver with at least one night onboard in a renovated Park sleeper car, with an accessible double sleeping compartment, in the year following the putting into service by VIA of this renovated sleeper car between Toronto and Vancouver (“Renovated Sleeper Car”), the putting into service by VIA of this Renovated Sleeper Car is scheduled for 2014.

No. The deadline to intervene in the class action by way of an objection to the Settlement expired on October 7, 2013.

VIA grants the following to the members of the group:

• Group A: members of Group A will receive a credit of 50% of the purchase price for the ticket that they paid, including taxes, for the trip taken between August 31, 2007 and August 31, 2010 between Toronto and Vancouver with at least one night onboard in a Sleeper Car, as defined in Question 5 above. They may use this credit to book one or more train tickets on the VIA network for one or more trips they may take in the year following the court’s final judgment approving the Settlement, therefore before October 21, 2014.
• Group B: members of Group B will receive a discount of 50% on the lowest purchase price for a VIA train ticket between Toronto and Vancouver, with at least one night onboard in a Renovated Sleeper Car, as defined in Question 5 above. They may use this discount for a trip taken in the year following the putting into service by VIA of these renovated cars scheduled for 2014.
• Ms. Gaétane Cummings will receive the sum of $1,666.67, including taxes, that is, the sum she disbursed to book her train ticket for a trip between Toronto and Vancouver taken from September 17 to 21, 2009, as well as the sum of $30,000, in capital, interest and costs, for damages that are specific and unique to her and that result from the particular facts outlined in the Settlement.

The use of the aforementioned credit or discount is subject to seat availability in accordance with VIA’s policy entitled Special Needs which is found at  /en/travel-info/special-needs and is subject to the provisions stipulated in the Settlement Agreement.

If you are a member of Group A, you must:

1. 1. Complete Claim Form 1-A to avail yourself of the offered credit;
2. 2. Attach to the claim form the ticket that you personally booked with VIA for a trip you personally took between August 31, 2007 and August 31, 2010 between  Toronto and Vancouver with at least one night onboard in a sleeper car or proof of purchase of such ticket with sufficient details to show that you did purchase a ticket for the aforementioned trip;
3. 3. Return Claim Form 1-A and the ticket or proof of purchase of the ticket to VIA before midnight on February 19, 2014.s.

The members of Group A who made a claim will receive an e-mail containing further information about the procedure to claim the credit offered to them.

The credit offered to members of Group A must be used for a trip taken before October 21, 2014.

The use of the credit is subject to seat availability in accordance with VIA’s policy entitled Special Needs which is found at: /en/travel-info/special-needs.

 

If you are a member of Group B, you must:

1. 1. Complete Claim Form 1-B to avail yourself of the discount that is offered to members of Group B;
2. 2. Return the claim form to VIA before midnight on February 19, 2014.

The members of Group B who made a claim will receive an e-mail containing further information about the procedure to use the discount that is offered to them as well as the exact date of the putting into service by VIA of its Renovated sleeper cars in the Toronto/Vancouver corridor once this date is determined.

The discount offered to members of Group B must be used in the year following the putting into service by VIA of the Renovated sleeper cars.

The use of the discount is subject to seat availability in accordance with VIA’s policy entitled Special Needs which is found at: /en/travel-info/special-needs.

If you do not request exclusion/did not opt out:

1. 1. You may receive a credit or a discount;
2. 2. You will be bound by all the orders rendered by the court in this class action;
3. 3. You have waived your right to sue VIA for any recourse or claim related directly or indirectly to the allegations of the present class action.

Yes. Mr. Jean Yanakis represents the members of the group. You can reach him at:

Mr. Jean Yanakis
Attorney
1910, rue Notre Dame
Lavaltrie, Québec J5T 1N1
Telephone no.: 450-586-4905
Facsimile no.: 450-586-5287
E-mail: jeanyanakisavocat@hotmail.com

Ms. Cummings’ attorney will receive payment of his fees and reimbursement of his expenses. These fees and expenses will be paid by VIA on behalf of the members of the group.

The court held a hearing to decide if the agreement is in the interests of the members. The court held this hearing in Montreal, on October 16, 2013, at the Montreal Court House located at 1 Notre-Dame Street East, Montreal, Province of Québec, H2Y 1B6. The court namely determined the fees and expenses to be paid to the group’s attorney.

No. The attorneys answered all the judge’s questions. But you were welcome and could have attended at your own expense.

You could have attended the hearing and requested permission to address the court. You could also have asked an attorney to represent you, but you were not obliged to do so.

The court rendered a decision approving the Settlement on October 21, 2013.

You can obtain a copy of the agreement here:

If you have any questions, you can also call or write to VIA or the applicant’s attorney, Mr. Jean Yanakis:

VIA Rail Canada Inc. Cummings vs. VIA Rail Class Action 3 Place Ville-Marie, Suite 500 Montreal, Québec  H3B 2C9 Dedicated phone line : 1-855-882-7979 TTY Number:  1-800-268-9503

Mr. Jean Yanakis, Attorney Cummings vs. VIA Rail Class Action 1910 rue Notre Dame Lavaltrie, Québec  J5T 1N1 Telephone: 450-586-4905