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Appendix “A”Notice to the Class
Introduction
The Supreme Court of British Columbia has certified the following action as a class proceeding: Avelina Vasquez v. United Steelworkers of America, Local 1-3567, Supreme Court of British Columbia, Vancouver Registry No. L050130.
The class consists of all persons resident in British Columbia who:
were employed by Aramark Canada Facilities Services Ltd. at Vancouver Coastal Health Authority and Providence Health Care facilities on the SunshineCoast and Lower Mainland of British Columbia who were required to remit union dues to the Defendant, formerly know as the Industrial Wood and Allied Workers of Canada, Local No. 1-3567, or on whose behalf union dues were remitted to the Defendant, between October 1, 2003 and May 20, 2004. (“The Class”);
What is the Case About?
On January 20, 2005, Avelina Vasquez commenced a proposed class action against United Steelworkers of America, Local 1-3567, formerly known as the Industrial Wood and Allied Workers of Canada, Local No. 1-3567. In the action the Plaintiff, Avelina Vasquez, alleges that she paid union dues from November 4, 2003 – May 20, 2004 pursuant to an invalid collective agreement. Ms. Vasquez claims that the Defendant was paid union dues by mistake; that the Defendant had no right to the union dues; that the Defendant was unjustly enriched by the payment of union dues by the Plaintiff; and that the Defendant negligently misrepresented that they had a valid collective agreement with Aramark Canada Facilities Services Ltd. (“Aramark”) requiring the payment of union dues. Avelina Vasquez is seeking the repayment to all class members of the union dues that were remitted to the Defendant on their behalf by Aramark from October 1, 2003 up to and including May 20, 2004.
On September 18, 2006, the Supreme Court of British Columbia ruled that this action may proceed as a class action and that Avelina Vasquez may act as Representative Plaintiff in the class action.
How do I participate in the class action?
All persons who are resident in British Columbia and who fall within the definition of the class are automatically included in the class. All class members will be bound by the court’s judgment on the common issues, whether favourable or not, unless they have opted out of the class.
If you reside in British Columbia and fall within the definition of the class but do not want to be a member of this class, you must opt out of the class by August 31, 2007 and complete a form available from:
McGrady & Company
Lawyers
Box 12101 Nelson Square
1105 – 808 Nelson Street
Vancouver, BC V6Z 2H2
Telephone: 604-734-7003
Facsimile: 604-734-7009
E-Mail:
Website:
Class members who opt out cannot recover any money in this action.
British Columbia Residents – What Do I Need to Do?
If you reside in British Columbia on the date this class action proceeding was certified, you are automatically included and do not need to do anything to be a class member in this class action. However, it is recommended that you contact class counsel so that you can be put on our mailing list for periodic updates on the status of the proceeding.
If you DO NOT want to participate, you must opt out of this action by signing and mailing the Court-approved Opt Out Form to McGrady & Company, postmarked no later than August 31, 2007. This form is available at McGrady & Company, address below, and can be found on their website:
If you opt out of the class action, you should be aware that there are strictly enforced time limits within which you must take formal legal action to pursue your claim. By opting out of the class action, you will take full responsibility for obtaining legal advice about the limitation period and for taking all legal steps necessary to protect your claim.
All class members will be bound by the judgment of the Court on the common issues unless they have opted out of the class.
Independent Legal Advice
Before you decide whether to stay in the class proceeding or opt out, it is recommended you obtain legal advice about your legal rights and options.
Non-British Columbia Residents – Opting In to the Class Proceeding
If you were not residing in British Columbia on the date this class action proceeding was certified, you must Opt In to the class proceeding if you wish to join the class action and be a class member. You mayopt in to the class action by signing and mailing the Court-approved Opt In Form to McGrady & Company, postmarked no later than August 31, 2007. This form is available at McGrady & Company, address below, and can be found on their website:
If you do not opt in by delivering the Opt In Form, you will not be bound by the judgment nor will you be entitled to share in the benefits of the class action. By not opting in to the class action, you will take full responsibility for initiating a personal action against the Defendant or for taking all legal steps necessary to protect your claim.
How will the Case Proceed?
The class action has two stages.
The first stage is the resolution of the common issues. A list of the common issues is available from McGrady & Company and can be found on their website:
If these common issues are resolved in favour of the class, at the second stage the court will determine what further steps class members need to take to determine if they are entitled to recover any damages, and in what amount.
Do I Need to Pay Anything?
As a member of the class, you will be entitled to the benefit of a successful judgment of the Court on the common issues. The Representative Plaintiff and Class Counsel have agreed that regardless of the outcome at trial of the common issues (Stage 1), you will not be responsible for any of the legal fees, disbursements or costs of the action and Class Counsel will not be paid out of any settlement.
Once the Court has determined the common issues at Stage 1, it may be necessary that each Class Member participate in individual proceedings to determine issues which are not common to the class in order to establish individual entitlement to damages (Stage 2).
At Stage 2, you may have to pay for legal services provided by Class Counsel and any other counsel you may retain. These fees may be paid out of an individual’s award of damages. If you are not successful in recovering damages at Stage 2, you may be responsible for a portion of the Defendant’s costs incurred with respect to your Stage 2 damage claim.
Who are the Lawyers for the Class and How do I Find out More?
The lawyers for the class are:
McGrady & Company
Lawyers
Box 12101 - Nelson Square
1105 – 808 Nelson Street
Vancouver, BC V6Z 2H2
Telephone: 604-734-7003
Facsimile: 604-734-7009
E-Mail:
Website:
Class members who wish to know the status of the class action or to review background information on the case should monitor McGrady & Company’s website:
The Representative Plaintiff will instruct the lawyers for the class during the common issues stage. The lawyers must act in the interests of all class members. If any class members wish to participate on their own behalf at the common issues stage of the proceeding, they must apply to the British Columbia Supreme Court.
If you have any questions regarding this notice, please go to McGrady & Company’s website at or contact McGrady & Companyat (604) 734-7003 or by email to .