Since my last blog post, UBC’s outside counsel reached out to my lawyer and the Tribunal about setting up a conference to discuss the issues raised in the letters we sent. As a reminder, these issues were that UBC did not follow its part of the communication plan with the class members, and that UBC’s disclosure was unacceptably incomplete and improperly redacted, including evidence relied upon in the Application to Dismiss. My lawyer put UBC on notice that if we were forced to formally respond to the Application to Dismiss in these circumstances, we would ask for costs.
Anyway, I am not sure when exactly the conference was scheduled. I believe it has not yet happened.
It is clear to me, however, that UBC has not bothered to reach out to class members despite the letter objecting to its failure to do so, since no one else has tried to contact me. None of the women with whom I am in regular contact in the Mordvinov class have yet received the initial communication. Nor has UBC explained how many introductory letters went out. The Tribunalmember directed UBC to do this last autumn.
Glynnis Kirchmeier - and - Kirchmeier obo Others v. UBC 