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Opting-Out

You may no longer exclude yourself from the settlement by Opting-Out because the deadline to do so expired Friday August 7, 2009.


IN RE: Maple Leaf Foods Recalled Product Class Action Litigation, namely:

  • Bishay Estate et al. v. Maple Leaf Foods et al., Court File No. QB 1173 in the Court of Queen's Bench of Saskatchewan (the "Saskatchewan Action"), for residents of Nova Scotia, New Brunswick, Newfoundland and Labrador, Manitoba, Saskatchewan, Yukon, North West Territories, Nunavut, and residents outside of Canada;
  • Bilodeau et al. v. Maple Leaf Foods et al., Court File No. CV-08-361464CP in the Ontario Superior Court of Justice (the "Ontario Action"), for residents of Ontario, B.C. and Alberta; and
  • Melvin and Option Consommateurs et al. v. Maple Leaf Foods et al., Court File No. 500-06-445-086 in the Superior Court of Québec (the "Québec Action"), for residents of Québec.

The above cases were brought on behalf of all persons who claim to have suffered damages as a result of potential exposure to food products produced, manufactured, distributed and/or sold by the Defendants that were or might have been tainted with listeria.

About Opting-Out

Any person who believes that he or she suffered damages as described in the above paragraph, has the legal right to opt-out of this class action Settlement.

No person can Opt Out a minor (person under the age of 18 in ON, AB, MB, PEI, QC, SK and 19 in all other provinces) or mentally incompetent adult without permission of the Court and only after notice to the Office of the Public Guardian and Trustee or the Children's Lawyer in Ontario, or the office of the public trustee having jurisdiction in the province where the minor or mentally incompetent adult resides.

Should you choose to opt-out, you or the person that you represent will not take part in the class action or the Settlement. You or the person that  you represent will in fact be excluded from both the class action and the Settlement. Opting-out means that you or the person that you represent will not be paid as you are excluding yourself from the right to participate in the distribution of settlement trust funds.

Why Opt-Out?

This is a serious decision that is entirely up to you. If you opt-out, you or the person that you represent are not bound by the terms of this class action Settlement. You or the person that you represent may pursue a claim against Maple Leaf Foods on an individual basis and at your own expense, subject to applicable limitation periods.

Legal Advice

Should you want advice in regard to your right to opt-out or the merit of doing so, you are free but not obligated to hire an independent lawyer to assist. Class Counsel and the Claims Administrator are unable to assist or advise you about opting-out.


PAYMENTS: once ALL claims, arbitrations and appeals have been completed, the Administrator must report to the Courts on the proposed total amounts payable to ALL approved claimants and no money shall be paid by cheque to anyone until Court approval.

PROCESSING: claims are still being processed. If you successfully filed a claim, you will receive a Decision Letter from the Administrator by regular mail in the summer of 2010.

TIMING: higher level claims require medical evidence and some hospitals have been slow to deliver what is needed. Since the Courts (SK, ON, QC) must approve all payments, we are unable to advise with certainty about when cheques will be mailed. We are presently aiming for early 2011.

The deadline for making a claim expired on November 2, 2009. If you failed to successfully make a claim before this date, payment cannot be made to you or any person that you represent no exceptions.