In addition, if the Settlement Approval Motion is granted, then there may be additional hearings at later dates in the Quebec Superior Court (the "Quebec Motion") and in the United States Bankruptcy Court for the Southern District of New York (the "US Motion") at which recognition and implementation of the Settlement Approval Motion and the Ernst & Young Settlement may be sought.
If the Settlement Approval Motion is granted, then a further notice will be disseminated to members of the E&Y Settlement Class advising them of the time and place of the Ontario Allocation/Fee Motion and any Quebec Motion and/or US Motion.
Members of the E&Y Settlement Class, and everyone, including non-Canadians, who has, had, could have had or may have a claim of any kind against Ernst & Young, in relation to Sino-Forest, Ernst & Young's audits of Sino-Forest's financial statements and any other work performed by Ernst & Young related to Sino-Forest, may attend at the hearing of the Settlement Approval Motion and ask to make submissions regarding the proposed settlement with Ernst & Young.
Persons intending to object to the Ernst & Young Settlement Agreement are required to: (a) deliver a Notice of Objection, substantially in the form that can be found on the Monitor's Website and the Class Action Websites, and, if this Notice is received by mail, enclosed with this Notice (the "Notice of Objection"), to the Monitor, by regular mail, courier or email transmission, to the coordinates indicated on the Notice of Objection, so that it is received by no later than 5:00 p.m. (Eastern Time) on January 18, 2013; and (b) comply with the litigation timetable set forth below. Copies of the Notices of Objection sent to the Monitor will be filed with the court.
Litigation Timetable
By order of the Ontario Superior Court of Justice, persons intending to participate in the Settlement Approval Motion must comply with the following timetable:
1. Motion materials are to be delivered no later than January 11, 2013.2. Responding motion materials are to be delivered by January 18, 2013.3. Cross-examinations on affidavits (if any) are to be conducted on January 24 and 25, 2013.4. Written Submissions are to be exchanged on January 30, 2013.
Further Information
If you would like additional information or to object to the Ernst & Young Settlement Agreement, please contact Koskie Minsky LLP, Siskinds LLP, or Siskinds Desmeules LLP at the addresses below:
Koskie Minsky LLP20 Queen St. West, Suite 900, Box 52, Toronto, ON, M5H 3R3Re: Sino-Forest Class ActionTel: 1.866.474.1739 (within North America)Tel: 416.595.2158 (outside North America)Email: [email protected]Siskinds LLP680 Waterloo Street, P.O. Box 2520 London, ON N6A 3V8Re: Sino-Forest Class ActionTel: 1.800.461.6166 x 2380 (within North America)Tel: 519.672.2251 x 2380 (outside North America)Email: [email protected]Siskinds Desmeules, sencrl43 Rue Buade, Bureau 320, Quebec City, Quebec, G1R 4A2Re: Sino-Forest Class ActionTel: 418.694.2009Email: [email protected]
Interpretation
If there is a conflict between the provisions of this notice and the Settlement Agreement, the terms of the Settlement Agreement will prevail.
Please do not direct inquiries about this notice to the Court. All inquiries should be directed to Class Counsel.
DISTRIBUTION OF THIS NOTICE HAS BEEN AUTHORIZED BY THE ONTARIO SUPERIOR COURT OF JUSTICE
Contacts:
Koskie Minsky LLP
Re: Sino-Forest Class Action
1.866.474.1739 (within North America)
416.595.2158 (outside North America)
[email protected]
Siskinds LLP
Re: Sino-Forest Class Action
1.800.461.6166 x 2380 (within North America)
519.672.2251 x 2380 (outside North America)
[email protected]
Siskinds Desmeules, sencrl
Re: Sino-Forest Class Action
418.694.2009
[email protected]
