Update January 2024
A Settlement Has Been Reached
The parties have negotiated a settlement of this class action. A copy of the Settlement Agreement can be viewed here.
The settlement was approved by the court on January 10, 2024.
A copy of the Settlement and Fee Approval Endorsement can be viewed here.
The Terms of the Settlement
Under the terms of the Settlement, the Defendants will pay the Settlement Amount of $5,550,000 CAD in full and final settlement of all claims against it, including class counsel fees, in return for a comprehensive release from the Class and the Ontario Provincial Health Insurer, and a dismissal of the class action.
Individual Class Members, made up of passengers and their families, can expect to receive $8,000 to $225,000 each, depending on the severity of harm they suffered.
What Happens Next
A Notice of Settlement Approval and Claims Process will be delivered by Class Counsel to each of the 84 Class Members eligible for compensation.
Class Counsel have conducted a valuation of each Class Member’s claim (the “Class Counsel Assessment”) and have delivered to each Eligible Class Member a summary of their Class Counsel Assessment, together with a copy of the Claims Process and Distribution Protocol.
The Settlement Amount, less class counsel fees, will be distributed in accordance with the Court-approved and supervised Distribution Protocol.
Documents
- Settlement Agreement
- Endorsement of Justice Morgan re: Settlement and Fee Approval dated January 10, 2024
- Notice of Settlement Approval of Fly Jamaica Class Action and Claims Process
- Claims Process
- Distribution Protocol
- Orders (Settlement Approval and Class Counsel Fee and Honorarium)
If you would like to receive more information about the settlement, we would be pleased to speak with you or send you an email. Please contact Ryan Readshaw rreadshaw@hshlawyers.com.
Update December 2023
A settlement of the proposed class action has been reached. By entering into this settlement the Defendants have not admitted liability – the settlement is a negotiated compromise of the parties’ positions.
Under the terms of the Settlement the Defendants will pay a settlement fund totaling up to $5,550,000.00, which includes all damages to be paid to the Class, legal fees, interest and taxes. In exchange, the Defendants will receive a full and final release from the Class for the claims made against it relating to the plane crash.
Before the Settlement is Final, the Settlement has to be approved by the Ontario Superior Court of Justice. The court hearing to decide if the Settlement is fair, reasonable and in the best interest of the Class, and if it should therefore be approved, is scheduled for January 10, 2024 and will be heard by videoconference.
| Topic: Settlement Approval Motion: Somwar v. Fly Jamaica Airways Ltd. et al. -CV-18-00609494-00CP
Time: Jan 10, 2024, 10:00 AM Eastern Time (US and Canada)
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Meeting ID: 649 7149 5987 Passcode: 083720 — Dial by your location • +1 647 374 4685 Canada |
At the same time as the hearing for approval of the Settlement Agreement, the Plaintiffs’ lawyers will ask the Court to approve their legal fees and expenses to be paid from the Settlement Fund.
Update: October 2, 2019:
We are happy to report that on September 19th, 2019, Justice Morgan approved the Plaintiffs’ motion to have this action certified as a class action.
Class Members are all passengers who were on board Fly Jamaica Flight OJ256 departing from Georgetown (Guyana) to Toronto on November 9, 2018.
If you are a Class Member you do not need to do anything at this point to get the benefit of any ruling on the common issues.
All Class Members will receive a letter containing the Order, the Notice of Certification, Opt-Out Form and Passenger Questionnaire.
The next steps of this lawsuit involves class counsel obtaining detailed information about all passengers, including questions about their injuries and treatment. In order to facilitate this process, please see the detailed passenger questionnaire which should be completed by all class members.
If you or a loved one was injured in the Fly Jamaica crash, please contact Howie Sacks and Henry LLP at
Important Documents
- Decision of Justice Morgan, September 19, 2019 re Certification, Pleadings Amendment and Disclosure
- Certification Order, dated September 19, 2019
- Notice of Certification
- Passenger Questionnaire
- Opt-Out Form
If you or a loved one was injured in the Fly Jamaica crash, please contact Howie Sacks and Henry LLP at
HOWIE, SACKS & HENRY LLP
20 Queen St. W., Suite 3500
Toronto, ON M5H 3R3
Tel: (416) 361-5990
Email: info@hshlawyers.com
Air travel is often held up as one of the safest forms of transportation. But when something does go wrong, as it did with Fly Jamaica Flight OJ256, the consequences can be severe.
Airplanes are complex vehicles that require specialized training to operate, rigorous inspections, and well-defined emergency procedures in the event of serious mechanical problems, poor flying conditions or other unexpected situations on board. Passengers, sometimes numbering in the hundreds, can be at serious risk of physical injuries, disability or death in the event of severe in-air turbulence or crash landings on land or in water. Even if they survive without sustaining much physical harm, being a part of a severe aircraft incident can result in post-traumatic stress disorder which can be every bit as debilitating as some physical injuries. Victims may also experience loss of personal property and other significant disruption to their lives.
Class Action Lawsuit
On November 23, 2018, Howie, Sacks & Henry LLP and Camp Fiorante Matthews Mogerman LLP filed a Class Action lawsuit with the Superior Court of Ontario against Fly Jamaica.
When You Or A Loved One Is Hurt, Let Us Help
Howie, Sacks and Henry’s experienced and knowledgeable personal injury lawyers have developed expertise in representing victims of airplane accidents, including participants the class action lawsuit filed against Fly Jamaica for injuries and losses sustained on Flight OJ256 on November 9, 2018.
Twenty minutes into a flight to Toronto, a Boeing 757 carrying 84 Canadian passengers was forced to return to Guyana’s Cheddi Jagan International Airport after experiencing hydraulic problems. The plane overshot the runway and crash landed; several of the plane’s tires blew out and its right engine became dislodged from its wing as the plane came to a stop metres from a deep embankment.
After a long and frustrating period arranging to fly home, Canadian passengers finally returned to Toronto the following week. Many passengers have criticized Fly Jamaica for the lack of communication following the crash landing. In addition, valuable belongings left on the plane after evacuating, such as jewellery, cash and electronics, were unaccounted for.
Victims of this accident deserve answers and compensation for their pain, suffering and losses. HSH partner Paul Miller, co-lead counsel for the victims of the 2005 Air France crash at Toronto’s Pearson airport is pursuing this class action.
Contact Us To Learn More
Consistently ranked as one of Canada’s top personal injury law firms, it’s HSH’s mission to handle serious personal injury cases with compassion and professionalism. If you or a loved one were passengers on Fly Jamaica Flight OJ256, let our expertise in matters of law surrounding airplane accidents work for you. Consider the trusted team of airplane accident lawyers at HSH to represent you in this class action lawsuit.
If you or a loved one was injured in the Fly Jamaica crash – you may be eligible for compensation. At Howie Sacks and Henry LLP – our injury lawyers are experienced in advancing claims on behalf of airplane crash victims. Call us today at 1-647-796-0088 for a free consultation.
