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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
The deadline to opt out of this class action has expired.
The Settlement is Final.
On October 2, 2008, Justice Lax signed an order declaring, among other things, that the Settlement Agreement is final and binding. A copy of the order may be reviewed here.
Hearing on August 12, 2008 to Fix Class Counsel Fees
On August 12, 2008, Justice Lax heard argument about the amount that class counsel should be paid for acting in this class action. She has not yet delivered her decision. When she does, it will be posted here.
At the hearing, Class Counsel asked for fees in the amount of $12 million, GST thereon in the amount of $600,000 and disbursements in the amount of approximately $450,000.
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.
A Broker’s Electronic Claim (“BEC”) process has been approved by the Court. A BEC must be received by the Administrator, in the required format, on or before March 2, 2009 5:00 pm Toronto time. Click here for details.
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