"CLASS ACTION" Scarfone Hawkins LLP

This class proceeding has been settled, with the settlement having been approved by the Ontario Superior Court of Justice on November 9, 2011.

Under the terms of settlement, Ford has made payment of approximately $1 million, which settlement includes a Private Offer which is a voucher to be used toward the purchase of most new Ford vehicles in the following amounts based on vehicle type:

(i)            $500.00 (car);
(ii)           $750.00 (CUV);
(iii)          $1,000.00 (truck); and
(iv)         $1,000.00 (Lincoln).

The Private Offer is transferable only to persons living with the individual receiving it and is subject to a 6 month expiration period and all other standard terms and conditions, but can be used in conjunction with most retail consumer offers made available by Ford Canada at either the time of factory order or delivery, but not both.

The Base Fund has been paid out to all Class Members with each receiving $842.22.

The claims administrator, National Class Action Services, is now in the process of reviewing and determining the Additional Compensation Fund claims.

Approximately 150 claims were received in respect of the Additional Compensation Fund. The deadline for filing Additional Compensation Fund claim has now passed.

The claims administrator anticipates being in a position to determine the Additional Compensation Fund claims in the next three months.

The Honourable Mr. Justice Sproat of the Superior Court of Justice approved the settlement on November 9, 2011.

Notice of settlement/settlement approval will be provided to class members via a direct mailing.

If you previously opted-out of the action, you are being given an opportunity to opt back in so as to receive payment of compensation under the settlement.

If you wish to opt back in, you must send a fully completed Opt-In Form to Nicholas Mastroluisi, CA, Petinelli Mastroluisi LLP

If you earlier opted-out and do not wish to receive settlement benefits or participate in the settlement in any way, you need not do anything. Your prior opt-out decision will be effective. You will not be entitled to any settlement benefits or payment of any compensation.

In general terms, the settlement contemplates a Base Fund to all class members, to be in the approximate amount of $825.00.

In addition, all class members will have an opportunity to make a claim to the Additional Compensation Fund to receive maximum compensation of $10,000.00 each.

In order to make a claim to the Additional Compensation Fund, a Claim Form must be completed and submitted to the Administrator:

National Class Action Services (Canada) Inc.
3230 Yonge Street
Suite 200
Toronto, Ontario
M4N 3P6

A Fresh As Amended Statement of Claim was issued in the Ontario Superior Court of Justice in Milton on February 2, 2009, claiming damages on behalf of all individuals in Canada who were offered employment by Ford commencing July, 2008 as part of its Third Work Shift at the Oakville plant.

The Fresh As Amended Statement of Claim seeks damages of $10 million.

The representative plaintiffs have brought the action under the Class Proceedings Act, 1992.

The Statement of Claim alleges that Ford announced a Third Work Shift of 8 hours' duration at its Oakville manufacturing plant, which Third Work Shift was supposed to be implemented July, 2008.

Ford advertised its need for employees and offered positions of employment to Class Members, subsequently determining, immediately prior to the employment start date, that it would not implement the Third Work Shift. The claim alleges that Ford then resiled from its offer of employment to all Class Members causing them to suffer damages.

The Statement of Claim alleges that many Class Members were gainfully employed elsewhere at the time they received an offer of employment from Ford for the Third Work Shift, and that those individuals resigned from their previous employment in the expectation of commencing employment with Ford as promised.

The Statement of Claim alleges that offers of employment were made to approximately 350 individuals.

The Statement of Claim alleges that Class Members have suffered loss of income and employment benefits, loss of tenure with their previous employers, special damages and loss of opportunity in connection with the promised employment positions with Ford.

The law firms of Scarfone Hawkins LLP, Shinehoft Law, Ball & Alexander, Chris Sweeney and Brian Hunt are all working co-operatively as co-counsel with respect to this class proceeding.

If you have not already contacted us, we would appreciate hearing from you as it might assist us in pursuing this claim. You may contact us via e-mail, telephone, mail, courier, fax, etc.

DOCUMENTS

Click Here to Read Motion Record re: certification