NOTICE TO FORMER STUDENTS OF UPPER CANADA COLLEGE,
AND TO RELATIVES OF FORMER STUDENTS,
OF PROPOSED SETTLEMENT OF CLASS ACTION
This notice may affect your rights. Please read carefully.
NOTICE
This notice is directed to all former students of Upper Canada College ("UCC") who were students at UCC at any time from September 1975 to June 1993, when Douglas Brown was a teacher at UCC, and to the spouses, same-sex partners, children, grandchildren, parents, grandparents, brothers and sisters of these former students. A motion will be brought in the Ontario Superior Court of Justice (the "Court") to certify a class action against UCC and Brown, and to approve the settlement of the class action in accordance with a settlement agreement reached by all parties to the action. The proposed class action is Prodeus et al. v. Brown et al. (Court File No. 01-CV-216320CP). Counsel for the plaintiffs is McPhadden Samac Merner Barry. That firm would also be class counsel if the action is certified.
THE PROPOSED CLASS
The action would be certified as a class action on behalf of a class comprising any former student of UCC who alleges that he was sexually assaulted by Brown (a "direct claimant"), and the spouse, same-sex partner, children, grandchildren, parents, grandparents, brothers and sisters of any direct claimant.
TERMS OF PROPOSED SETTLEMENT
The settlement would entitle direct claimants to private and confidential counselling services, and would entitle all class members to resolution of claims for compensation from UCC through a private and confidential alternative dispute resolution procedure, administered by an independent Mediator-Arbitrator.
A complete copy of the settlement agreement may be obtained from plaintiffs' counsel by calling McPhadden Samac Merner Barry at (416) 363-5195, or on the internet at www.msmd.ca or www.ucc.on.ca/whatsnew/brown_index.htm.
SETTLEMENT APPROVAL HEARING
The Court will decide whether to approve the settlement. The Court hearing to consider the settlement will be held on Tuesday, December 30, 2003 at 10:00 a.m. EST at the Courthouse at 361 University Avenue, Toronto, Ontario. Members of the proposed class who do not oppose the settlement need not appear at the hearing or take any other action at this time to indicate their desire to participate in the settlement. Members of the proposed class who object to the settlement may have their objections considered by the Court, and may appear at the hearing, in person or through a lawyer, but only if they first give notice of their objection in writing. A member of the proposed class who wishes to object to the settlement must send an objection in writing by mail or by fax, postmarked or delivered on or before Tuesday, December 23, 2003, to plaintiffs' counsel and counsel for UCC, at the addresses and fax numbers set out below.
The written objection should include the following information:
- The individual's name, address, telephone number, fax number and e-mail address.
- A statement that he or she is a member of the proposed class.
- A brief statement of the nature of and reasons for the objection.
- Whether he or she intends to appear at the Court hearing in person or through a lawyer, and if through a lawyer, the lawyer's name, address, telephone number, fax number and e-mail address.
- Whether he or she requests that his or her identity be kept confidential and not made public. The identity of a class member who makes this request will be kept confidential and not made public except with leave of the court.
ADDITIONAL INFORMATION
Do not direct any questions about this notice or the settlement to the Court. The Court cannot answer them. Questions should be directed by telephone, in writing or by e-mail to class counsel or counsel for UCC as follows:
Plaintiffs' counsel
McPhadden Samac Merner Barry
Telephone: (416) 363-5195
Fax: (416) 363-7485
David Merner
dgmerner@msmd.ca
Bryan McPhadden
bmcphadden@mcphadden.toronto.on.ca
Counsel for UCC
Torys LLP
Telephone: (416) 865-0040
Fax: (416) 865-7380
John Laskin
jlaskin@torys.com
David Outerbridge
douterbridge@torys.com
Class members are also free to seek the advice and guidance of their own lawyers.
This notice has been approved by the Honourable Mr. Justice Winkler of the Ontario Superior Court of Justice.
