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Atlas Holdings
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1. The law firms of Koskie Minsky LLP,
Sutts, Strosberg LLP, and
Groia & Company are counsel in a class action against Atlas Cold
Storage Holdings Inc., certain directors and officers of Atlas Holdings,
certain trustees of Atlas Cold Storage Income Trust ("Atlas"), Ernst &
Young LLP and BMO Nesbitt Burns Inc. A copy of the Statement of Claim may be
viewed here.
2. On July 9, 2008, Justice Lax certified this action as a class proceeding and
approved a settlement in the amount of $40 million. The draft judgment
certifying the action as a class proceeding and approving the settlement may be
viewed here. The judge has not yet delivered written reasons.
3. You are a class member if you purchased or acquired Atlas Trust Units during
the period March 1, 2002 and August 29, 2003 under the terms of a prospectus
offering, on the TSX, or in any other fashion, and held some or all of those
Trust Units at the close of trading on the TSX on August 29, 2003. Those who
are excluded from the Class are described here.
4. If you are a Class Member, you may receive up to $4.50 per Eligible Trust
Unit, depending upon your actual trading loss and the total amount of the valid
claims filed. The complete Distribution Plan may be viewed here.
5. To participate in the settlement, you must file your Claim Form with the
Administrator by March 2, 2009. To obtain instructions about how to file your
claim, to view any of the other court documents and notices to the class, or
for further information, visit
www.atlasclassaction.com.
6. If you do not wish to participate in this class action, you must file an
Opt-Out Form and provide certain documents to the Administrator by September
30, 2008. To obtain a copy of the Opt-Out Form, visit
www.atlasclassaction.com.
7. The notice published in certain newspapers and sent to Class Members
regarding the settlement approval and the upcoming hearing to fix the amount of
class counsel fees may be viewed here. For further information, visit
www.atlasclassaction.com.
8. If you would like to speak to someone about this class action, please call
the Claims Administration Help Line at 866.669.6615.
THE HEARING ON AUGUST 12, 2008 TO FIX CLASS COUNSEL FEES
9. On August 12, 2008 at 10:00 a.m. at the Court House, 361 University Avenue,
Toronto, Ontario, the Court will hear argument about the amount that class
counsel should be paid for acting in this class action.
10. Class Counsel are seeking fees in the amount of $12 million, GST thereon in
the amount of $600,000 and disbursements in the amount of approximately
$450,000.
11. The relevant documents filed with the Court in support of the request for
Class Counsel Fees may be reviewed
here.
12. If you wish to object to the amount of Class Counsel Fees, you must file a
written objection setting out the basis of your objection. You may attend the
court hearing on August 12, 2008 in person or with a lawyer. The directions in
respect of objections are found here.
IMPORTANT NOTE
This website has been developed to provide general information to potential
class members on a class action that has been commenced concerning the
acquisition of Atlas Trust Units.
The site is not designed to answer questions about your individual situation or
entitlement. Do not rely upon the information provided on this website as legal
advice in respect of your individual situation nor use it as a substitute for
individual legal advice.
The information collected about potential class members will assist counsel in
prosecuting the class action and assessing what damages were suffered by the
class as a whole. Providing the information requested does not make you the
client of Groia & Company, Koskie Minsky LLP or
Sutts, Strosberg LLP.
This website will be updated from time to time to provide potential class
members with information as it becomes available. |
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