Ontario Superior Court of Justice - Notice Published Under the Ontario Class Proceedings Act:



    TORONTO, Oct. 10 /CNW/ - TO ALL CUSTOMERS OF CANADA POST who were charged
shipping charges on a basis other than actual weight after January 1, 2000,
for parcels shipped within Canada.
    IF YOU ARE: a customer of Canada Post who had or has an agreement with
Canada Post covering periods of one or more years and setting out the terms of
parcel shipping services provided by Canada Post to you (which agreements are
referred to by Canada Post as any of a "Canada Post Account", "Commercial
Account" or "Small Business Account" or similar term) and who was charged
shipping charges on a basis other than actual weight after January 1, 2000,
for parcels shipped within Canada;
    then this notice will be important to you.
    A lawsuit has been commenced which may make it possible for you to obtain
repayment of shipping charges paid by you to Canada Post for parcels shipped
by you within Canada for which you were charged on a basis other than actual
weight after January 1, 2000.

    
    THIS NOTICE is published by Order of the Honourable Madam Justice Lax of
the Ontario Superior Court of Justice and explains:

    -   the lawsuit;

    -   who might benefit from the lawsuit;

    -   your right to choose not to be part of the lawsuit and how to be
        included in the Class;

    -   the manner by which and time within which Class members may opt out
        of this proceeding;

    -   the possible financial consequences of the proceeding to Class
        members;

    -   the names and addresses of the representative party and the class
        lawyers, and the relief sought; and

    -   other matters.

    1.  THE LAWSUIT
    

    Lee Valley Tools Ltd. has sued Canada Post seeking the return of amounts
paid as shipping charges to Canada Post for shipping parcels within Canada
after January 1, 2000.
    The claim is based on allegations that Canada Post's practices related to
the charging of shipping charges violated the Weights and Measures Act of
Canada resulting in substantially increased shipping charges.
    The plaintiff claims payment of shipping charges in an amount to be
determined to compensate those persons who paid such shipping charges to
Canada Post. The plaintiff is also claiming payment of punitive and aggravated
damages and costs.
    The Court has not yet determined whether the lawsuit will be successful.
Further court proceedings will be required to determine whether the defendant
is liable and, if so, the amounts the defendant may be required to pay and how
such amounts are to be distributed.

    
    2.  WHO MIGHT BENEFIT FROM THE LAWSUIT

    On December 18, 2007, the Ontario Superior Court of Justice appointed Lee
Valley Tools Ltd. to represent the following class of persons (the "Class") in
what is commonly known as a Class Action lawsuit:

        Customers of Canada Post who had an agreement with Canada Post
        covering periods of one or more years and setting out the terms of
        the parcel shipping services provided by Canada Post for such
        customers and who were charged shipping charges after
        January 1, 2000, on a basis other than actual weight for parcels
        shipped within Canada.

    3.  YOUR RIGHT TO CHOOSE NOT TO BE PART OF THE LAWSUIT

    If you are a person falling within the Class described above and do not
wish to be included in the Class and to be bound by any Order made in this
proceeding, then you must send written notice in the form appearing below
("Opt Out Notice") to Blaney, McMurtry LLP, Barristers, counsel for the Class,
indicating that you do not wish to participate in the Class.
    If your written request to be excluded from the Class is not received by
August 29, 2008, you will be a member of the Class.

    4.  HOW TO BE INCLUDED IN THE CLASS

    If you are a member of the Class described above, you will automatically
be included in the proceeding unless you provide the notice to Blaney,
McMurtry LLP, in the manner and within the time frame set out above,
indicating that you wish not to be a member of the Class.

    5.  FINANCIAL CONSEQUENCES FOR YOU

    If the class action is successful in showing that Canada Post is liable to
pay the Class members any of the amounts being claimed, the Court will proceed
to determine the amounts to which the Class members may be entitled and how
such amounts should be distributed to or for the benefit of the people
affected.
    If the lawsuit is successful, legal costs will be deducted from the
amounts recovered for the members of the Class. Any legal costs charged to the
Class must be approved by a court.
    Whether or not the Class Proceeding lawsuit is successful, all members of
the Class who have not opted out of the proceeding will be bound by the
judgment. This means, for example, that after this lawsuit is over such
persons could not start their own proceedings against Canada Post for the same
types of claims.

    6.  OTHER MATTERS
    

    Lee Valley Tools Ltd. has retained the law firm of Blaney, McMurtry LLP,
Barristers, to represent it and the Class in the lawsuit. The law firm will be
paid legal fees only if the lawsuit is successful. If the lawsuit is
successful, counsel will be requesting legal fees to be determined as a
percentage of the amounts recovered plus some or all of any legal costs
awarded against the defendant subject to minimum and maximum limits tied to
the value of the time spent in connection with this lawsuit. The legal fees
are subject to court approval.
    The proceeding will involve a two stage process. The first stage of the
proceeding will be a trial of the common issues to determine whether the
defendant breached its legal obligations. You will not be responsible for any
costs associated with the trial of the common issues.
    If the representative plaintiff is successful in proving that the
shipping charges were established in breach of the Weights and Measures Act
and that the Class members are entitled to the return of shipping charges and/
or damages, the next step may be for each Class member to prove it paid excess
shipping charges. If you attempt to do so and fail, there is a possibility
that a cost award may be made against you. You will have an opportunity to
decide whether you wish to proceed to prove loss for this purpose. In this
regard, you may wish to seek advice of Class counsel, which will be provided
at no additional cost.
    If you wish to participate personally in the lawsuit, you may apply to
the Court for permission to do so.

    The court papers in this lawsuit are available for inspection at
www.blaney.com or at the office of the Superior Court of Justice, Court House,
393 University Avenue, 10th Floor, Toronto, Ontario, Court File No.
06-CV-320840 CP.
    Please DO NOT CALL the Registrar of the Court or the judge. They will not
be able to answer your questions about the lawsuit.

    DATED at Toronto, this 1st day of May, 2008.





For further information:

For further information: about the Class Action lawsuit you may contact
Blaney, McMurtry LLP, to the attention of Julia Anagnostakis at (416)
596-2894, janagnostakis@blaney.com., Fax no: (416) 593-5437

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