YOUR LEGAL RIGHTS MAY BE AFFECTED
Notice of Proposed Settlement and Settlement Approval
Hearing
VANCOUVER, B.C., May 10, 2024
/CNW/ -- The following statement is being issued by
Rice Harbut Elliott LLP regarding the Ruckman v. Biotrade
Canada Ltd. et al. lawsuit:
All persons in Canada who
purchased or ingested U-Dream on or after August 18, 2014 (the "Class" or "Class
Members") have the right to know about a proposed settlement
that has been reached in a lawsuit Ruckman v. Biotrade Canada
Ltd. et al., S.C.B.C. No. VLC S-1914497 (the "Class
Action").
On March 15, 2024, the BC Supreme
Court certified the Class Action for the purpose of
settlement. A copy of the court's order can be obtained at
www.udreamsettlement.ca.
The proposed settlement of the Class Action must be approved by
the Court to become binding. The settlement is a compromise
of disputed claims and is not an admission of liability or
wrongdoing or fault by any of the Defendants.
The plaintiff who filed the lawsuit on behalf of the Class
Members is James Douglas Ruckman
(called the "Representative Plaintiff").
The lawyers for the Class are Rice Harbut Elliott LLP ("Class
Counsel").
U-Dream is an over-the-counter sleep aid product that was
manufactured and/or distributed by Biotrade Canada Ltd., London
Drugs Limited, Rexall Pharmacy Group Ltd., Rexall/Pharma Plus
Pharmacies Ltd., Whole Foods Market, Whole Foods Market Canada Inc.
and PNP Pharmaceuticals Inc (the "Defendants") in
Canada.
The Plaintiff alleges that U-Dream was contaminated
by an undisclosed ingredient and should never have been sold.
Further, the Plaintiff alleges that it caused some
Class Members to sustain injuries.
The Class consists of:
a) all persons in Canada who purchased or ingested U-Dream
between August 18, 2014 to present;
and
b) where such persons in (a) are deceased, all
living parents, spouses or children entitled to maintain a claim
against the Defendants pursuant to the Family Compensation
Act, R.S.B.C. 1996, c. 126, and persons entitled to
bring similar claims in other Provinces and Territories.
If you are not sure whether you are included in the Class, you
can ask for free help by visiting www.udreamsettlement.ca for more
information or send an email to info@udreamsettlement.ca.
The amount of compensation each Class Member is entitled to
depends on the particular circumstances of the Class Member and
will be determined by reference to a settlement distribution
protocol to be approved by the Court, a draft of which can be found
at www.udreamsettlement.ca.
The current projection is that Class Members with personal
injuries may be entitled to payments ranging from $1,000 to $40,000,
depending on the type of injury they sustained. In addition,
Class Members with personal injuries may be entitled to payments
for disability, unemployment, or other out-of-pocket losses.
Class Members claiming refunds may be entitled to payments of
$15 or more with proof of
purchase.
The precise amount of claims may be reduced depending upon the
number of claims that are made and the cost of settlement
administration fees.
The settlement provides for the payment of up to $2,734,485 by the Defendants, in exchange for a
full release of all claims against them by the Class and the public
health insurers who have paid for health services for Class
Members, and a bar order precluding claims from being brought or
maintained against the Defendants relating to or arising out of the
manufacture and distribution of U-Dream.
A further Court hearing will be held to seek approval of the
Settlement Agreement by the Court (the "Settlement Approval
Hearing"). The Settlement Approval Hearing will take place on
August 2, 2024 by
MS-Teams.
If the Court approves the proposed settlement, it will be
binding on all Class Members who do not opt out of the
proceeding.
The full settlement terms and court documents are available at
the following link:
www.udreamsettlement.ca
If you are a Class Member and you want to participate in the
settlement, you do not need to do anything. You are
automatically included as a Class Member unless you opt out of the
applicable proceeding.
After the Court approves the settlement, you will be notified in
writing regarding how to apply for compensation.
You may contact Class Counsel if you would like to be notified
when this information becomes available.
If you do not want to participate in the settlement, you may
exclude yourself ("Opt Out").
In order to Opt Out, you must complete and sign an Opt Out form
and deliver it to Class Counsel by mail, courier, or email no later
than the Opt Out Deadline, which is 60 days after the date on which
this Notice was first published, or July
9, 2024. The Opt-Out form is available at
www.udreamsettlement.ca.
The Opt-Out form must be emailed to info@udreamsettlement.ca, or
mailed or couriered to:
UDreamSettlement C/O
RicePoint Administration, Inc.
P.O. Box 3355
London, ON N6A 4K3
Under the terms of their retainer agreement with the
Representative Plaintiff, Class Counsel will seek approval of a
legal fee of 30% of the settlement amount payable to the Class
Members, plus disbursements, applicable taxes, administration
expenses, and an honorarium of $5,000
to the Representative Plaintiff.
Class Counsel fees, disbursements and any payments to the
Representative Plaintiff are also subject to Court approval to
ensure fairness.
All Class Members have the right to let the Court know of any
objection they have to the approval of the Settlement Agreement,
claims administration and distribution protocol, Class Counsel
fees, disbursements, administration expenses or the payment of an
honorarium to the Representative Plaintiff. To make an
objection, you must deliver a letter or written objection by
pre-paid mail, courier, or email to Class Counsel no later than 60
days after the date on which this Notice was first published, or on
or before 5:00 pm PST on
July 9, 2024.
If a Class Member wishes to object, the following information
must be included in the letter or written objection delivered to
Class Counsel:
a) The objector's
full name, current mailing address, telephone number and email
address;
b) Confirmation
that the objector is a member of the Class;
c) A statement of
the nature and reasons for the objection; and
d) Whether the
objector intends to attend the court hearing on their own behalf or
through a lawyer, and if by a lawyer, the name, address, telephone
number and email address of the lawyer.
For more information or a copy of the Settlement
Agreement, go to the following website:
www.udreamsettlement.ca
You may also contact Class Counsel at kpaul@rhelaw.com or via
mail at the address below.
Suite #820 - 980 Howe Street
Vancouver, BC V6Z 0C8
This notice has been authorized by an order of the Supreme Court
of British Columbia.
SOURCE: Rice Harbut Elliott LLP
SOURCE Rice Harbut Elliott LLP