Attention: ThyssenKrupp Elevator Owners
Aprli, 2012

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NOTICE OF CERTIFICATION OF A CLASS PROCEEDING

This Notice may affect your rights. Please read carefully.
 
THE CLASS ACTION

A class proceeding, Court File No. CV 08-00355006-00CP, was certified by the Ontario Superior Court of Justice against ThyssenKrupp Elevator (Canada) Limited and ThyssenKrupp Northern Elevator Corporation carrying on business under the names “ThyssenKrupp Northern Elevator” and “ThyssenKrupp Elevator” on August 18, 2011.  The action is brought by Toronto Community Housing Corporation and First Ontario Realty Corporation Limited on behalf of the following Class:

The Class is all persons in Ontario who owned or own an elevating device that was fitted with a traction motor brake, known as a sheave jammer or sheave brake, designed, manufactured, sold or installed by any of the Defendants, that was replaced as required by TSSA Director’s Order 207/06 with an alternative form of emergency ACO and UCM protection and incurred remediation expenses as a result.

The lawsuit seeks, among other things, reimbursement to the Class for the costs they incurred in replacing the sheave jammers in elevating devices owned by the Class. It is alleged that the sheave jammers were dangerous and defective, and were negligently designed, manufactured, sold and/or installed by the defendants and, accordingly, the defendants are liable for damages. It is also alleged that ThyssenKrupp Elevator (Canada) Limited was obliged to complete the replacements at no charge under their maintenance contracts with Class members.

The defendants deny all the allegations made in the action.

By certifying this action as a class proceeding, the court has made no determination as to the merits of the plaintiffs’ claims or the defendants’ denials. The plaintiffs will be required to prove their allegations at a trial on the merits in order to obtain the relief that they seek for the Class.

THE CERTIFICATION ORDER

If you are a member of the Class, your rights will be affected by this Class Action.

Each Class Member who does not opt out of the Class Action will be bound by the terms of any judgment or settlement, whether favourable or not. Each Class Member may be entitled to share in the amount of any judgment awarded or settlement reached in the Class Action.

LEGAL FEES AND DISBURSEMENTS

Counsel for the Class (“Class counsel”) have entered into a contingency fee agreement with the representative plaintiffs with respect to legal fees and disbursements. The agreement provides that Class counsel will be entitled to up to 30% (plus taxes and disbursements) of any amounts recovered by way of settlement or judgment in the action, but they will not receive payment for their work unless the Class Action is successful or costs are received from the defendants. The agreement must be approved by the court to be effective. 

CLASS MEMBERS MUST OPT OUT IF THEY DO NOT WISH TO PARTICIPATE IN THE CLASS ACTION

Class Members who wish to participate in the Class Action need not do anything at this time. They are automatically included in the Class Action.

Class Members who do not wish to participate in the Class Action must opt out.

If you wish to opt out of the Class Action, you must deliver a written and signed election to opt-out, including your full name and address on or before May 31, 2012 at 5:00 pm EST to Class Counsel at the following address:

Elevator Class Action
Paliare Roland LLP
250 University Ave., Suite 501 Toronto, ON
M5H 3E5
Fax:    416-646-4301

No Class Member will be permitted to opt out after May 31, 2012

ADDITIONAL INFORMATION

The certification order and other information are available on the website: http://www.paliareroland.com/Elevator-Class-Action.asp

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

Elevator Class Action
Paliare Roland LLP
250 University Ave., Suite 510 Toronto, ON, M5H 3E5
e-mail:    info@elevatorclassaction.com

INTERPRETATION