Frequently Asked Questions

A class action is a lawsuit brought by one or more persons on behalf of a larger group whose claims share common legal and/or factual issues. Class actions provide a cost-effective way for groups of people with common interests to pursue a legal claim.

By allowing many individuals to advance similar legal claims in a single action, class actions reduce the litigation risk for any one person and permit the sharing of the considerable costs of litigation. Class actions therefore make it possible for people of ordinary means who have been affected by the actions of large, well-resourced companies to seek redress through the justice system.

The Nutrition North Canada program is a Federal Government initiative intended to make living in northern communities more feasible and affordable. A key element of the Nutrition North Canada program is the Subsidy, which is intended to reduce the cost of certain essential grocery and non-grocery items for northern consumers. Stores such as The North West Company and its subsidiaries enter into funding agreements with Crown-Indigenous Relations and Northern Affairs Canada to receive the Subsidy. The funding agreements provide that the stores receiving the Subsidy must pass through the entire value of the Subsidy to northern consumers.

The Subsidy offered through Nutrition North Canada was intended to ameliorate the food insecurity crisis faced by Canada’s northern communities. Healthy foods are far more expensive in northern regions, making it difficult for northerners to afford adequate amounts of nutritious foods for themselves and their families. Food insecurity is associated with an array of negative consequences, including higher levels of malnutrition, infections, chronic diseases, obesity, distress, social exclusion, depression, and suicidal ideation. The Subsidy was implemented to address this pervasive issue by lowering the price of certain products (specifically, nutritious foods) for northern consumers.

This class action alleges that The North West Company unlawfully retained millions of dollars of funding received through the Nutrition North Program—despite representing that the entire Subsidy is passed-through to consumers—thereby depriving northerners of funds needed to reduce the food insecurity crisis in northern Canada. The class action seeks to recover damages in an amount equal to the Subsidy allegedly retained by The North West Company. Full particulars of the Plaintiffs’ allegations can be found in the Statement of Claim, filed on February 5, 2025, which can be downloaded here.

(At this point, of course, the allegations in the statement of claim have not been tried in court.)

Plaintiffs (or “Representative Plaintiffs”) Nellie Taptaqut Kusugak, Malaya Qaunirq Chapman, and Isabelle Mark Chapadeau are bringing this class action on behalf of the proposed Class Members.

The proposed Class Members are all persons and entities who purchased goods eligible for the Nutrition North Subsidy from The North West Company and its subsidiaries (including, without limitation, Northern Stores, NorthMart, Valu Lots, and QuickStop) from April 1, 2011 to the present day.

The Defendant is The North West Company, which is the largest participant in the Nutrition North Subsidy program. Operating through subsidiaries including Northern Stores, NorthMart, and Valu Lots, The North West Company has a monopoly or near-monopoly over the retail grocery market in many northern communities.

This class action seeks two main results for individuals in northern communities who were allegedly overcharged by the defendant:

1) access to justice: specifically, compensation in the amount of the Subsidy The North West Company is alleged to have wrongly retained; and,

2) behaviour modification: that is, assurance that the subsidy will be passed on as required in the future, both by The North West Company and other northern retailers.

JFK Law LLP and Siskinds LLP (collectively, “Class Counsel”) represent the Plaintiffs. If the class action is certified, JFK Law and Siskinds will also represent the proposed Class Members.

JFK Law has offices in Six Nations, Victoria, Vancouver, Toronto, and Calgary. JFK Law represents Indigenous communities throughout Canada. The JFK Law lawyers with carriage of this file are Tim Dickson, Tim Pritchard, and Jessica Black.

The Siskinds class action team has offices in Vancouver, Toronto, London, and Sarnia, and an affiliate office in Québec City, and acts nearly exclusively for plaintiffs. The Siskinds lawyers with carriage of this file are Linda Visser, Alex Dimson, Tyler Planeta, and Georgia Hamilton.

No—it does not cost proposed Class Members any money to participate in this class action. Class Counsel will fund all costs associated with pursuing this litigation.

Class Counsel will be paid on a contingent basis, meaning that they will not receive any compensation unless the proposed class action is successful, and the proposed class members receive a monetary award. The retainer agreement provides that the contingency fee will be determined based on an amount that is fair and reasonable, considering, among other elements, the risks assumed by counsel, the results achieved for the class, and the time and effort expended by Class Counsel.  The retainer agreement states that the contingency fee will not be more than 25% of recovery before trial or more than 30% after the start of trial.

The Plaintiffs filed their Statement of Claim—the legal document that starts a court proceeding—in Manitoba on February 5, 2025.

The next step in this class action is called “certification”. Certification is a stage in the proceedings where the court determines whether the action can properly be pursued as a class action. The court will consider factors such as whether the claims of the class members raise common legal and/or factual issues and whether a class action is the preferable method of pursuing the claims (as opposed to other methods, such as individual actions). The court will also assess whether the Plaintiffs can properly represent the proposed class members.  To assist the proposed representative Plaintiffs in their role, we anticipate establishing an Advisory Committee comprised of northerners.

“Certification” is an important step in the litigation—this case will not become a class action unless it is ‘certified’ by the Manitoba Court.

You do not need to “join” the class action. If the class action is certified, and you fall with the scope of the proposed class (i.e., all persons and entities who purchased goods eligible for the Nutrition North Subsidy from The North West Company and its subsidiaries (including, without limitation, Northern Stores, NorthMart, Valu Lots, and QuickStop) from April 1, 2011 to the present day), you are automatically included in the class action unless you “opt out” (i.e., exclude yourself from the class action).

If the class action is certified, notices will be issued to class members in a form approved by the Court.

If the class action is certified, you will have the opportunity to opt out (i.e., exclude yourself from the class action). The court will set a deadline, and you will be required to opt out before that deadline. If you opt out, you will not be entitled to any compensation awarded under a settlement agreement or a court order. You may, however, pursue your own action against the Defendant.

Generally, people who fall within the scope of the class will only opt out if they intend to bring an individual action. In most cases, however, it will be more economical to participate in the class action because the legal costs will be shared among many people.

To protect your rights, you should:

1)    Register to receive updates on this class action here.

2)    Review all updates received, paying attention to deadlines that require action. Notices will be sent to Class Members advising that they should take certain steps by specific deadlines to preserve their rights. These deadlines are usually fixed by the Court and must be followed.

Class Counsel anticipates establishing an Advisory Committee comprised of northerners to assist the Representative Plaintiffs in their roles. If you are interested in joining the Advisory Committee, please contact a member of our team.

Please contact us for further inquiries.