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Deloitte & Touche LLP has been appointed by the Ontario Superior Court of Justice as the Claims Administrator of the Atlas Cold Storage Income Trust Class Action Settlement (the "Settlement").
The Notice of Settlement approval and Fees Hearing (the “Notice”) is a court-approved summary of the Settlement. To review the Notice, click here.
Registering a Claim for Compensation
To receive compensation under the Settlement, each Class Member should submit a completed Claim Form and supporting documents to the Administrator, on or before 5:00 pm Toronto time on March 2, 2009, by using the secure Online Claim System. Documentation of all purchases, acquisitions, sales and disposition of all Trust Units on or after March 1, 2002 is required to substantiate each registered Claim.
Class or Class Members means all persons, other than Excluded Persons, who purchased or acquired Trust Units during the period, March 1, 2002 to and including 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.
Opting Out
All Class Members will be bound by the terms of the Settlement, unless they opt out. Any Class Member who does not wish to participate in the settlement must opt out. Click here to download an Opt Out Form. The completed and signed Opt Out Form and required supporting documents must be received by the Administrator on or before September 30, 2008 5:00 pm Toronto time.
Hearing on August 12, 2008 to Fix Class Counsel Fees
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. 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.
The relevant documents filed with the Court in support of the request for Class Counsel Fees may be reviewed at items 4 through 7 here There may be further and other documents that will be filed with the Court and they may be posted.
If you wish to object to the amount of Class Counsel Fees, you must file a written objection with us by August 11, 2008 setting out the basis of your objection. You may attend the court hearing on August 12, 2008 in person or with a lawyer or with a legal representative. The directions in respect of objections are found here.
Settlement Documents
To review the Settlement documents, click here.
Note
Please visit this Website regularly as it will be updated with news and Court approved documents throughout the administration of the Settlement.
If a Class Member does not have access to a computer with Internet connectivity, has difficulty with the Online Claims System Process, or prefers not to register a claim online, they may commence the claim process by telephoning the Claims Administration Help Line at 1-866-669-6615.
The completed and signed Claim Form and required supporting documents (the “Claim Package”) must be received by the Administrator on or before March 2, 2009 5:00 pm Toronto time. Click here to reach the Online Claims System and register a Claim to participate in the Settlement.
The completed and signed Opt Out Form and required supporting documents must be received by the Administrator on or before September 30, 2008 5:00 pm Toronto time. Click here to download and Opt Out Form.
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