May 1, 2012 - Final Certification Order - Wagners

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SCHEDULE “C” Authorized by the Supreme Court of Nova Scotia — NOTICE OF CERTIFICATION OF THE SYDNEY ENVIRONMENTAL CLASS ACTION — THE CLASS ACTION On March 24, 2004, Neila Catherine MacQueen, Ann Marie Ross, Kathleen Iris Crawford and Joseph Petitpas (the “Plaintiffs”) commenced a class action in the Supreme Court of Nova Scotia, against, the Sydney Steel Corporation, the Attorney General of Nova Scotia, and the Attorney General of Canada (the “Defendants”), who at various times, operated the Steel Works in Sydney, Nova Scotia. The action relates to the emission of certain contaminants into the neighbourhoods of Sydney in the course of the operation of the Steel Works. Read this notice carefully as it may affect your rights. PARTICIPATION IN THE CLASS ACTION Members of the Property Owner and Residential Classes who want to participate in the class action are automatically included and need not do anything at this time. Each Class Member will be bound by the terms of any judgment or settlement and will not be allowed to prosecute an independent action. If the class action is successful, he or she may be entitled to share in the amount of any award or remedy recovered. If unsuccessful, claims of all Class Members will be barred. Classes This notice is directed to the members of the Property Owner and Residential Classes, defined as follows: (a) The Property Owner Class: Persons other than the Defendants and their parent companies, affiliates or subsidiaries who are the beneficial owners of property within the Class Boundaries as of [the date of the certification Notice]; and (b) The Residential Class: Living Persons who have lived within the Class Boundaries for a minimum of seven (7) continuous years between 1968 and [the date of the certification Notice]. The action seeks, among other things, a declaration that the Defendants have caused contamination of the Property Owner Class members’ real property, in breach of their legal obligations. The action also seeks funding of a “medical monitoring” program, supervised by the Court, for the purpose of educating and informing the public and medical community and compensation for exposure. Class Boundaries The Class Boundaries generally comprise areas within Whitney Pier; North End, and Ashby. Please take notice that not all areas within these three (3) communities are included. For more information please visit class counsels’ websites or Melnick Hall, 88 Laurier Street, Sydney, Nova Scotia. THE CERTIFICATION ORDER You must opt out if you do not want to participate in the class action. Class Members who do not want to participate in the class action must opt out. If you want to opt out of the class action, you must send a written, signed election, including your name, address, telephone number to: WAGNERS. No Class Member will be permitted to opt out of the class action unless the election to opt out is received by WAGNERS before [DATE]. ADDITIONAL INFORMATION This Notice was approved by order of the Supreme Court of Nova Scotia. The court offices will by unable to answer any questions about the matters in this Notice. The certification order, Class Boundaries map and other information are available at www.sydneyclassaction.ca and www.wagners.co and www.classaction.ca. Questions for Class Counsel should be directed by email or telephone to: WAGNERS Raymond F. Wagner or Tel: 1.800.465.8794 (toll free) Michael Dull Fax: 902.422.1233 Email: seriousinjury@wagners.co SISKINDS LLP Michael G. Robb or Tel: 1.800.461.6166 (toll free) Sabrina Lombardi Fax: 519.672.6065 Email: sabrina.lombardi@siskinds.com On [certification <strong>Order</strong> date], the action was certified as a class proceeding by order of the Supreme Court of Nova Scotia. The order appointed Neila Catherine MacQueen, Ann Marie Ross and Kathleen Iris Crawford as the representative plaintiffs for the Property Owner Class and Neila Catherine MacQueen, Ann Marie Ross, Kathleen Iris Crawford and Joseph Petitpas as the representatives for the Residential Class. 1759293.1
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May 1, 2012 - Final Certification Order - Wagners

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