NOTICE OF A CLASS ACTION

NOTICE OF A CLASS ACTION AUTHORIZED BY THE SUPERIOR COURT OF QUÉBEC

SETTLEMENT OF THE CLASS ACTION FOLLOWING THE STM STRIKE OF MAY 2007 – WERE YOU A TRAM CARDHOLDER?

This notice concerns the class action for damages filed by Louise Tétreault against the Agence métropolitaine de transport ("AMT"), now for the purposes of this case the Autorité régionale de transport métropolitain ("ARTM"), and the Société de transport de Montréal ("STM"), following a service interruption in May 2007 due to a strike by the employees of the STM’s maintenance department.

This class action may affect your rights whether you act or not. Please read this notice carefully.

BASIC INFORMATION

Why Is This Notice Being Published?

The purpose of this notice is to inform you that:

  • On April 3, 2013, the Superior Court authorized Louise Tétreault, as the class representative, to file a class action against the AMT, now for the purposes of this case the ARTM, and the STM;
  • A settlement agreement was reached to put an end to this dispute;
  • You are a class member if you meet all of the following conditions:
    • From May 22, 2007 to May 25, 2007 inclusively, you held a TRAM fare for the month of May 2007; and
    • You used the STM’s services during that period.

If you do not meet these two conditions, you are not a class member and this notice does not concern you

How Do I Participate in this Class Action and in the Settlement Agreement?

If you are a class member and you agree with the purpose of this class action against the ARTM and the STM, and with the settlement, you do not have to do anything to participate in this class action.

Am I Represented by a Lawyer in this Class Action?

Yes. The law firm Belleau Lapointe, LLP represents the class members.

Are There Fees for the Class Members?

No. There are no fees for the class members.

AGREEMENT REACHED WITH THE ARTM AND THE STM

What is the Purpose of the Settlement Agreement?

If the Superior Court approves this agreement, an amount of $350,000 will be paid jointly by the ARTM and the STM and will serve, among other things, to reduce the cost of all monthly TRAM fares for October 2018.

How Will the Amount of the Settlement Agreement be Distributed?

For the month of October 2018, all users of the Réseau de transport métropolitain will benefit from a $2.25 discount on the price of a regular monthly TRAM fare, a $1.60 discount on a student monthly TRAM fare, and a $1.30 discount on a reduced monthly TRAM fare.

All that users must do is purchase the monthly TRAM fare offered for October 2018, at the regular, student, or reduced price, and the discount will be applied automatically.

Finally, one quarter of the total value of the settlement will be used to pay class counsel’s fees. Class counsel’s disbursements will also be paid out of the settlement, up to an amount of $8,000 (tax included).

OBJECTING TO THE SETTLEMENT AGREEMENT

You can tell the Court that you object to this agreement.

How Can I Tell the Court that I Object to this Settlement Agreement?

To object, you must write to class counsel and explain why you believe this agreement and/or class counsel’s fees should not be approved by the Superior Court.

You must send your letter to the following address by registered or certified mail before April 18, 2018:

Belleau Lapointe, LLP
306 Place D’Youville, Suite B-10
Montréal (Québec) H2Y 2B6

The letters received will be forwarded to the Superior Court.

The Superior Court will hold a hearing to decide whether it approves the agreement. You can attend this hearing, which will take place in room 15.07 of the Montréal Courthouse, on May 18, 2018 at 9:30 am.

If you wish to speak at this hearing, you must have submitted your position, in writing, to the class counsel before the deadline.

Do I Need a Lawyer to Object?

No, you do not need a lawyer to object. However, if you wish to be represented by a lawyer, you must retain their services at your own expense.

If I Object, Can I Still Be Compensated?

Yes. If you object to the agreement, but it is nevertheless approved by the Court, you may receive compensation as approved by the Court, if any.

EXCLUDE YOURSELF / OPT OUT OF THE CLASS ACTION

You must take steps to opt out of  the class if, for any reason, you do not wish to be bound by the class action against the ARTM and the STM, or by the agreement reached. This could be the case if you think you can obtain more money by suing one of them yourself.

What Happens if I Opt Out?

If you opt out:

  • You will not be entitled to receive compensation, if any;
  • You will not be bound by the agreement reached with the ARTM and the STM;
  • You may not object to the agreement reached with the ARTM and the STM;
  • You will retain the right to file your own lawsuit against the ARTM and the STM.

What Happens if I Do Not Opt Out?

If you do not opt out: 

  • You could receive compensation, if any;
  • You will be bound by the agreement reached with the ARTM and the STM (if approved);
  • You may object to the agreement reached with the ARTM and the STM;
  • You give up the right to file your own lawsuit against the ARTM and the STM regarding this class action.

How Can I Opt Out?

To opt out, you must send a letter to the clerk of the Superior Court of Québec. This letter must include the following information:

  • The class action file number: 500-06-000509-105;
  • Your name, current address, and telephone number;
  • Your statement: “I am a class member and I wish to opt out of the class action”;
  • Your signature.

You must send your letter by registered or certified mail before April 28th 2018 to the following address:

Clerk of the Superior Court of Québec
MONTREAL COURTHOUSE
File no. 500-06-000509-105
1 Notre-Dame Street East, Suite 1.120
Montréal, Québec
H2Y 1B6

FOR MORE INFORMATION

How Can I Get More Information?

You can consult the full version of the agreement on the website below or call 1 888 987-6700:

http://www.recourscollectif.info/en/cases/tram/

If there is any discrepancy between this notice and the agreement, the latter  will prevail.

The publication of this notice was approved by the Superior Court.

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