Legal Notice of Certification As A Class Proceeding

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Author

Flaherty McCarthy LLP

Release Date

Tuesday, February 8, 2022

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THIS NOTICE IS TO ALL INDIVIDUALS WHO WERE PATIENTS AT THE UNIVERSITY OF OTTAWA HEALTH SERVICES ("UOHS") AND SEEN BY DR. VINCENT NADON

READ THIS NOTICE CAREFULLY AS IT MAY AFFECT YOUR LEGAL RIGHTS

1.

What is this lawsuit about?

Two representative Plaintiffs, Ellina Rabbat and "N.T.", have commenced a Class Proceeding against DR. FERNAND GASTON VINCENT NADON a.k.a DR. VINCENT NADON ("Dr. Nadon"), VINCENT NADON MEDICINE PROFESSIONAL CORPORATION, and UNIVERSITY OF OTTAWA, UNIVERSITY OF OTTAWA HEALTH SERVICES ("UOHS"), and 866520 ONTARIO LTD ("the Ottawa Defendants"). seeking damages as a result of sexual assaults and serious privacy invasions throughout his practice at the clinic.  

The Class Proceeding was certified on December 7, 2021. Flaherty McCarthy LLP represents the class ("Class Counsel").

The purpose of this document is to provide notice to Class Members that the Class Proceeding has been certified and your rights to remain in the action or to opt-out of the action.

2.

Am I a member of the Class?

You are a member of the Class and entitled to participate in the proceeding if you fall under the definition of the "Patient Class", which includes all patients of the UOHS clinic who were:

  1. Photographed, filmed and/or videotaped by Dr. Nadon in a private setting, without their consent or knowledge; 
  2. Sexually assaulted by Dr. Nadon, including but not limited to:

    1. Inappropriately touched by Dr. Nadon;

    2. Directed by Dr. Nadon to undress and dress in front of him, in the absence of a female chaperone, under the guise of a medical examination;

    3. Directed by Dr. Nadon to remain naked or otherwise undressed for a medical examination and who were not covered with a gown, sheet or similar item while Dr. Nadon was providing medical services; and

    4. Making inappropriate comments of a sexual nature.

3.

How does this Class Proceeding affect you?

If you are a Class member, and you wish to participate in the proceeding, then you do not need to do anything more at this stage.  You are automatically included in the Class.

There is no cost to you to participate in the class action. You will have no responsibility to pay any legal fees. Class Counsel will only be paid in the event that the action succeeds at trial or there is a settlement. Class Counsel have entered into a contingency fee agreement with the representative plaintiffs. The agreement provides for a contingency fee of 30% of the amount recovered in the Class Proceeding to be paid to Class Counsel, along with reimbursement of all disbursements and taxes. The court must first approve Class Counsel's legal fees before they will be paid.

A Class member who does not opt out of the Class Proceeding will be bound by the terms of any judgment or any settlement approved by the Court. Each Class member may be entitled to share in the amount of any judgment awarded or settlement reached in the Class Proceeding. A judgment (including an approved settlement), whether favourable or not, will bind all Class Members who do not opt out of the Class.

4.

Class Members May Opt Out of the Proceeding

IF YOU DO NOT WANT TO PARTICIPATE in this Class Proceeding and/or you want to sue Dr. Nadon and/or any of the Ottawa Defendants based on claims this proceeding will resolve, you must take steps to opt out of the Class.  If you opt out of the Class, you will not be eligible to recover any benefits under a settlement or award in this Class Proceeding.  Members of the Class may exercise their right to opt out of the Class by submitting a letter by regular mail stating that you wish to opt out of the Settlement.  Your "Opt-Out Form" must include:

  1. The name of this proceeding (Rabbat v Nadon, or similar identifying words);
  2. Your full name, email address, mailing address, and telephone number;

  3. Your signature or the signature of your legal agent, acting with your instructions;

  4. A brief statement that you understand you will be excluded from any judgment (including an approved settlement), if any; and

  5. A brief statement as to whether you intend to begin a separate individual lawsuit against Dr. Nadon and/or any of the Ottawa Defendants.

No person may opt out a minor or mentally incapable member of the class without permission of the court after notice to the Children's Lawyer and/or the Public Guardian and Trustee, as appropriate.

Your Opt-Out Form must be postmarked for regular mail or submitted to courier for delivery to the address below, by no later than April 30, 2022.

SEAN A. BROWN
FLAHERTY MCCARTHY LLP
Toronto-Dominion Centre
95 Wellington Street West
10th Floor, Suite 1000
Toronto, Ontario M5J 2N7

You cannot exclude yourself by telephone, fax or email.  You cannot exclude yourself by mailing a notification to any other location or if your Opt-Out Form is post-marked or submitted to courier after the deadline of April 30, 2022. No Class Member will be permitted to opt out after April 30, 2022.

5.

Additional Information

The certification order and other information regarding the Class Proceeding is available at https://drnadonclassaction.com/

Requests for information or questions for Class Counsel should be directed to:

SEAN A. BROWN
FLAHERTY MCCARTHY LLP
Toronto-Dominion Centre
95 Wellington Street West
10th Floor, Suite 1000
Toronto, Ontario M5J 2N7
info@drnadonclassaction.com 

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