Update for March 2011:

The Court of Appeal released its reasons and granted the hearing of the Crown’s appeal regarding the Plaintiff’s Order to amend the claim and dismissal of the Crown’s motion to decertify the class action as a special case before it.  Counsel are currently in the midst of organizing a timetable for steps leading up to the hearing of this motion.  It is anticipated that the motion will be heard in the Fall 2011.  (A copy of the Honourable Justice Armstrong's reasons can be found under Court Documents-Court Decisions.)

Update for February 2011:

The Claim was amended on February 10, 2011, pursuant to the Order of Justice Cullity pronounced September 7, 2010.

Update for December 2010:

The Honourable Justice Armstrong reserved his decision on the joint motion which was heard on December 13, 2010.

Update for September 2010:

The Crown sought leave to appeal Justice Cullity's September 10, 2010, decision which amended the Plaintiff's claim and dismissed the Crown's motion to decertify the class action.  A joint motion was made to the Court of Appeal on December 13, 2010, to have this appeal heard before the Court of Appeal directly.

Update for January 11, 2010:

On December 15, 2009, the Honourable Justice Cullity heard the Motion to Strike.  Justice Cullity has released his Reasons For Judgment which can be found under “Court Decisions” on this website.  The Motion is adjourned pending advice from plaintiff’s counsel with respect to the possible amendment of their client’s pleading.

Update for October 19, 2009:

On December 15 and 16, 2009 the Crown will be bringing its motion to strike pursuant to Rule 21.  Until this hearing all other matters are suspended.

Update for August 7, 2009:

The Crown has indicated that they want to bring a motion to strike*.  A case conference with Justice Cullity is scheduled for October 14, 2009 to discuss the matter.

*"Motion to strike" is defined on the following websites as:

http://legal-dictionary.thefreedictionary.com/motion+to+strike

A request for a judge's order to eliminate all or a portion of the legal pleading (complaint, answer) of the opposition on any one of several grounds. It is often used in an attempt to have an entire cause of action removed ("stricken") from the court record.

http://www.legal-explanations.com/definitions/motion-to-strike.htm

It is a motion introduced or inacted by one party to request the Judge's order to remove, eliminate or make immaterial certain or entire portion of the opponents' legal compliant or replies in the trials. This can be either be oral or written but is done only on certain stated legible reasons.Once the motion is accepted, the jury has to ignore or not consider those striken parts of trials.