HEARING OF MOTION FOR CERTIFICATION AND PROPOSED SETTLEMENT OF SKYSERVICE
CLASS ACTION

TORONTO, Nov. 10 /CNW/ - The law firm of Rochon Genova LLP announced today that The Ontario Superior Court of Justice (the "Court') has released an Order dated November 10, 2010 certifying for settlement purposes a class action in Maggissano v. Skyservice Airlines Inc.

On June 2, 2005, a proposed class action lawsuit was commenced in the Ontario Superior Court of Justice, against Skyservice Airlines Inc. ("Skyservice") on behalf of passengers of Skyservice Flight No. 5G560, which departed from Toronto en route to Punta Cana, Dominican Republic on May 22, 2005 ("Flight 560"), and their family members.  The class action seeks to recover damages for injuries and economic losses following the Flight 560 hard landing accident in Punta Cana, Dominican Republic.

A formal settlement agreement has been executed by the parties (the "Settlement"). The Settlement requires approval by the Court. The Plaintiff will bring a motion for approval of the Settlement on Wednesday December 22, 2010 at 10:00 a.m. at 130 Queen Street West, Toronto, Ontario (the "Approval Motion").

If approved by the Court, the Settlement will resolve the claims of all Class Members who do not opt out of the class action, who are defined as:

A) All persons who were passengers on Skyservice Flight No. 560 which departed from Toronto en route to Punta Cana, Dominican Republic on May 22, 2005 ("Flight 560").  ("Primary Class Members"); and

B)  Persons related to persons listed in subparagraph (a) above who are entitled to claim pursuant to section 61 of the Family Law Act, R.S.O. 1990, c. F-3 ("Derivative Class Members").

The Proposed Settlement provides that:

• Skyservice shall pay all Class Member Bodily Injury damages and damages of Derivative Class Members arising from the landing of Skyservice Flight 560;
• Skyservice shall pay any associated subrogated claims of OHIP for those Class Members with Bodily Injury claims; and
• Skyservice shall pay pre-judgment interest in accordance with the Courts of Justice Act.

The Settlement resulted from lengthy negotiations and represents is a compromise.  The Settlement is not an admission of liability, wrongdoing or fault on the part of the Defendant.

A Settlement Approval Motion Will Be Held in Toronto, Ontario

The Settlement must be approved by the Court before it can be implemented. Class Members may, but are not required to, attend at the Approval Motion.

If the Settlement is approved, another notice will be mailed to Class Members which will provide instructions on how to make a claim to receive compensation from the Settlement and how to object to, or opt out of, the class action if the Class Member does not wish to share in, or be bound by, the Settlement.

Class Members who approve or do not oppose the Settlement do not need to appear at the Approval Motion or take any other action at this time.

Participation in the Settlement May Affect Other Actions Commenced by Class Members

If the Court approves the Settlement, all Class Members will be bound by its terms, unless they exclude themselves from the Class ("opt out"). This means that if they do not opt out, they may participate in the settlement by filing a proper claim but will not be able to bring or maintain any other claim or legal proceeding against the Defendant or any other person released by the Settlement in relation to the matters alleged in the class action. If the Settlement is approved, a notice containing a full explanation of Class Members' right to opt out will be published. 

Class Members who wish to comment on or object to the Settlement should do so in writing. All objections should be received by Class Counsel, at the address listed below, by no later than Friday, December 17, 2010. Class Counsel will forward all such submissions to the Ontario Court.  Class Members may also comment on or object to the settlement in person at the settlement approval hearing.

A written objection should include: (i) the Class Member's name, address, telephone number, fax number (where applicable) and email address; (ii) a brief statement outlining the nature of, and reason for, the objection; and (iii); a statement as to whether the objector intends to appear at the Approval Motion in person or through a lawyer, and, if through a lawyer, the name, address, telephone number, fax number and email address of the lawyer.

Copies of the settlement approval materials will be available for inspection by Class Members on Class Counsel's website at www.rochongenova.com.  If the Settlement Agreement receives final approval from the Court, further Notices will be published on the aforementioned website, in a press release, by direct mailing and as otherwise directed by the Ontario Court.

If there is a conflict between the provisions of this Notice and the Settlement Agreement, the terms of the Settlement Agreement will prevail.

For further information:

Questions related to this Notice should NOT be addressed to the Ontario Superior Court of Justice. Instead, for further information, please contact:

Rochon Genova LLP