Notice of Hearing for Approval of a Transaction

"Class action for compensatory damages for costs
for educational services and for the purchase of school materials"

THE CLASS AND DAISYE MARCIL V. COMMISSION SCOLAIRE DE LA
JONQUIÈRE ET AL.
(Chicoutimi S.C.: 150-06-000007-138)

CHICOUTIMI, QC, June 30, 2018 /CNW Telbec/ - This press release is to inform you that a transaction has been entered into, subject to its approval by the Court, between the parties involved in the class action authorized on December 6, 2016 by the honourable Carl Lachance, J.S.C., against 68 school boards, on behalf of the persons forming part of the class described below:

"All persons who have paid, as parents, tutors, or assignees, for their children registered in one of the schools forming part of the educational institutions of the respondents, costs for educational services (…) and for the purchase of textbooks or instructional materials, mandatory or optional, required for the teaching of programs of studies of elementary and secondary education, as well as costs for reference and reading material, from the 2009-2010 school year, except for the ten (10) school boards listed at paragraphs 20. i., ii, iii, iv, v, vi, x, xii, xiii, and xv, from the 2008-2009 school year, until the judgment date, that are not subject to the exception contemplated by section 7 of the Education Act (CQLR c I-13.3), subject to certain reservations with respect to the Commission scolaire des Samares for which the following clarifications should be made:

♦ With respect to the Commission scolaire des Samares, all of the matters that were the subject of the discontinuance recorded in the minutes of the hearing dated February 27, 2012 in the court record 705-06-000005-109 of the Superior Court of the district of Joliette will be excluded from the claim;"

This transaction provides that the 68 defendant school boards will pay a total amount of $153,507,134.00 in capital, interests and additional indemnity in full and final settlement of the class members' claims, which corresponds to a compensatory lump sum of $28.49 per student per year for the 2009-2010 or 2010-2011 school years, as applicable, until the 2016-2017 school year inclusively. The fees (and applicable taxes), disbursements (including financing costs) and legal costs incurred by counsel for the class members, the total of which should be approximately $4.40 per student per school year, will be deducted from this compensatory lump sum of $28.49.

In the event that the entire settlement fund is not distributed to the class members, the remaining balance will be allocated to a distinct budgetary item to be set up by each of the defendants which will be used exclusively to help students with financial needs.

The 2009-2010 to 2016-2017 school years are compensated in the case of the following 10 school boards:

• Commission scolaire de la Capitale
• Commission scolaire du Chemin-du-Roy
• Commission scolaire des Découvreurs
• Commission scolaire de l'Énergie
• Commission scolaire De La Jonquière
• Commission scolaire du Lac-Saint-Jean
• Commission scolaire des Navigateurs
• Commission scolaire du Pays-des-Bleuets
• Commission scolaire des Premières-Seigneuries
• Commission scolaire des Rives-du-Saguenay

The 2010-2011 to 2016-2017 school years are compensated for the other school boards covered by the class action.

The transaction provides that for the 2017-2018 and 2018-2019 school years, the class members will be compensated by the Supplement for the purchase of school supplies paid from the 2017-2018 school year by the Government of Québec.

The class members who want to object or to make representations regarding the proposed transaction will be able to address the Court directly, or through their counsel, at the hearing for approval, which will be held on July 18, 2018, at 9:30 am, in room 3.01 of the Chicoutimi Courthouse, located at 227 Racine Street E, G7H 7B4.

For further details, we invite you to consult the notice to members regarding the hearing for approval of the transaction, a copy of which is available on the website of each involved school board.

An official notice will be made public upon the final judgment on the class action.

The class members are represented by:

SOURCE Morency Société d'avocats

JUSTITIA CABINET D'AVOCATS: Mtre Manon Lechasseur, Mtre Yves Laperrière, 138, Racine Street E, Chicoutimi (Québec) G7H 1R7, Email: [email protected], Email: [email protected]; DAVIES WARD PHILLIPS & VINEBERG LLP: Mtre Lucien Bouchard, Mtre Jean-Philippe Groleau, Mtre Guillaume Charlebois, 1501 McGill College Avenue, Suite 2600, Montréal (Québec) H3A 3N9, Email: [email protected], Email: [email protected], Email: [email protected]