"CLASS ACTION" Scarfone Hawkins LLP

The Honourable Mr. Justice Sproat of the Superior Court of Justice certified this action as a class proceeding on a consent basis on January 21, 2010.

Notice of the certification is being provided to class members via a direct mailing and via publication of the notice in the Toronto Sun newspaper.

If you wish to opt-out you must do so by sending a fully completed Opt-Out Form to Nicholas Mastroluisi, C.A., Pettinelli, Mastroluisi LLP, by mail, 6 th Floor, 1 James Street South, Hamilton, Ontario, L8P 4R5, by fax, 905-522-6574, or by e-mail, nickm@petmas.ca, on or before April 21, 2010.

Opting-out means that you exclude yourself from the class proceeding and will not be bound by the result. If a settlement or judgment is achieved on behalf of class members, you will not be entitled to participate in it if you opt-out.

If you wish to remain involved in the lawsuit, you need not do anything at this time.

As a practical matter, you would opt-out of the class proceeding only if you intend to commence or continue individual legal action against Ford in respect of the issues raised.

The case will now move forward as a class proceeding towards a trial of the common issues.

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 plaintiffs, Brenda Austin, Matthew Beltrano and Gabriel Levesque, 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