Caledonia Compensation Plan

1. Am I entitled to compensation under the settlement of the Caledonia class action?

2. How do I determine if I am a member of one of the four classes?

3. What form do I use to make my application?

4. How do I submit my application?

5. Is it mandatory that I submit my application by mail?

6. Is there a deadline for my application?

7. Can I submit my application late?

8. What happens after I submit my application?

9. Do I have a right to appeal the Compensation Determination?

10. What form do I use to appeal?

11. Is there a deadline for my appeal?

12. Can I submit my appeal late?

13. What happens following my appeal?

14. When will I be paid and how much will I be paid?

15. Can I obtain professional advice from a lawyer or accountant to help me with my application?

Frequently Asked Questions

Please read through the following list of questions and answers before completing your application for compensation under the settlement of the Caledonia class action.

A. You may be if you are a member of one of four classes:

1. The Caledonia Business Class;
2. The Highway 6 Class;
3. The Contractors Class;
4. The Property Occupiers Class.

A. By referring to the following class definitions:

1. Caledonia Business Class

The Caledonia Business Class is defined as all those persons, including sole proprietors, partnerships, corporations or organizations who carried on a business, whether for profit or non-profit, on April 20, 2006, with business addresses on Argyle Street between Highway 6 and Green Road and on Caithness Street East or Caithness Street West in Caledonia, Ontario.

The Caledonia Business Class includes the businesses listed in the Schedule "A".

If you are not included in Schedule "A" you may nonetheless submit an applicationon the basis that you are a member of the Caledonia Business Class. Your application will be adjudicated, to determine whether you qualify as a class member, whether you are entitled to compensation and if so the amount to which you are entitled.

2. Highway 6 Class

The Highway 6 Class is defined as all those persons, including sole proprietors, partnerships, corporations or organizations, who carried on business, whether for profit or non-profit, on April 20, 2006, with business addresses on Highway 6 from Highway 3 to Haldibrook Road.

The Highway 6 Class includes the businesses listed in the Schedule "B".

If you are not included in Schedule "B" you may nonetheless submit an application on the basis that you are a member of the Highway 6 Class.

Your application will be adjudicated, to determine whether you qualify as a class member, whether you are entitled to compensation and if so the amount to which you are entitled.

3. Contractors Class

The Contractors Class is defined as all contractors or subcontractors of Henco Industries Limited or their agents who were contracted to provide services and materials to owners, developers, builders or contractors on the Douglas Creek Estates subdivision as of or on February 28, 2006.

The Contractors Class includes the businesses listed in the attached Schedule "C".

If you are not included in Schedule "C" you may nonetheless submit an application on the basis that you are a member of the Contractors Class. Your application will be adjudicated, to determine whether you qualify as a class member, whether you are entitled to compensation and if so the amount to which you are entitled.

4. Property Occupiers Class

The Property Occupiers Class is defined as all those persons who from February 28, 2006 have occupied real property located within the boundaries and the addresses listed in Schedule "D".

If you did not occupy one of the addresses included in Schedule "D" from February 28, 2006 you are not a member of the Property Occupiers Class and are not entitled to compensation.

A. If you are applying as a member of the Caledonia Business Class or the Highway 6 Class, you complete the Business Application.

If you are applying as a member of the Contractors Class, you complete the Contractors Application.

If you are applying as a member of the Property Occupiers Class, you complete the Property Occupiers Application.

A. You submit your application by mailing it to the Administrator, Global Resolutions Inc., at the following address:

Global Resolutions Inc.
45 St. Nicholas St.
Toronto ON M4Y 1W6

A. Yes.

A. Yes. The deadline depends on the type of application you make:

1. Caledonia Business Class

The deadline depends on which of the three options, as described in the Business Application, that you apply under. The deadlines for the three options are as follows:

Option 1

Preliminary Deadline: January 15, 2012
Final Deadline: March 31, 2012

Option 2

Preliminary Deadline: January 15, 2012
Final Deadline: March 31, 2012

Option 3

Final Deadline: March 31, 2012

2. Highway 6 Class

The deadline depends on which of the three options, as described in the Business Application, that you apply under. The deadlines for the three options are as follows:

Option 1

Preliminary Deadline: January 15, 2012
Final Deadline: March 31, 2012

Option 2

Preliminary Deadline: January 15, 2012
Final Deadline: March 31, 2012

Option 3

Final Deadline: March 31, 2012

3. Contractors Class

The application deadline is March 31, 2012.

4. Property Occupiers Class

The application deadline is March 31, 2012.

A. No. If your application is postmarked after the relevant deadline it will be considered of no effect and any entitlement to compensation you may otherwise have had will be considered forfeited. You may wish to submit your application by registered mail to create a record of its timely submission.

A. The Administrator will review your application to determine whether it is complete.

If it is incomplete, the Administrator will return your application for completion. If you submitted your application before the relevant deadline, it will be considered to have been submitted on time, even if it is returned for completion.

If your application is complete, it will be adjudicated in a two step process.

In the first step, the adjudicator will determine whether you are a class member. If the adjudicator determines that you are not a class member, your application fails and the adjudication ends.

If the adjudicator determines that you are a class member, your application progresses to the second step. The adjudicator then determines whether you are entitled to compensation and if so in what amount.

After the adjudication is complete, the Administrator will mail you a Compensation Determination, advising you of the outcome.

A. You may have a right to appeal, depending on the type of application that you made:

1. The Caledonia Business Class

Options 1 and 2:

You do not have a right of appeal.

Option 3:

You have a right of appeal. You may request that your application be reconsidered by a panel of three adjudicators that does not include the adjudicator whose Compensation Determination is the subject of your appeal. The panel may confirm or alter the Compensation Determination and in doing so has all of the power of the original adjudicator. The determination of the appeal panel is final and binding and is not subject to review or appeal.

2. The Highway 6 Class

Option 1 and 2:

You do not have a right of appeal.

Option 3:

You have a right of appeal. You may request that your application be reconsidered by a panel of three adjudicators that does not include the adjudicator whose Compensation Determination is the subject of your appeal. The panel may confirm or alter the Compensation Determination and in doing so has all of the power of the original adjudicator. The determination of the appeal panel is final and binding and is not subject to review or appeal.

3. The Contractors Class

You have a right of appeal. You may request that your application be reconsidered by a panel of three adjudicators that does not include the adjudicator whose Compensation Determination is the subject of your appeal. The panel may confirm or alter the Compensation Determination and in doing so has all of the power of the original adjudicator. The determination of the appeal panel is final and binding and is not subject to review or appeal.

4. The Property Occupiers Class

You do not have a right of appeal.

A. If you are entitled to appeal, you may do so by completing and returning the Response portion of the Compensation Determination, requesting an appeal.

A. Yes. The deadline for an appeal is thirty (30) days following the date of your Compensation Determination.

A. No. If your Response requesting an appeal is postmarked after the deadline it will be of no effect and the Compensation Determination will be deemed final.

You may wish to submit your application by registered mail to create a record of its timely submission.

A. Once your appeal has been determined, you will receive an Appeal Determination setting out the decision of the appeal panel.

A. If you are found entitled to compensation, the date and amount of the payment will depend on the type of application you made and the amount to which you were found entitled:

1. The Caledonia Business Class

Option 1:

Class counsel will mail you payment by cheque on or before March 31, 2012. The amount will be $5,000.

Option 2:

Class counsel will mail you payment by cheque on or before March 31, 2012. The amount will be the lesser of your adjudicated entitlement to compensation and $25,000.

If your adjudicated entitlement to compensation exceeds $25,000 and if following all payments there remain surplus settlement funds allocated to the Caledonia Business Class, class counsel will mail you a further payment by cheque on or before June 30, 2012. The likelihood and amount of a further payment will depend on the number of applications received and the amount of compensation paid.

Option 3:

Class counsel will mail you payment by cheque on or before June 30, 2012. The amount will be the lesser of your adjudicated entitlement to compensation and $25,000.

If your adjudicated entitlement to compensation exceeds $25,000 and if following all payments there remain surplus settlement funds allocated to the Caledonia Business Class, class counsel will increase the June 30, 2012 payment. The likelihood and amount of an increased payment will depend on the number of applications received and the amount of compensation paid.

2. The Highway 6 Class

Option 1:

Class counsel will mail you payment by cheque on or before March 31, 2012. The amount will be $5,000.

Option 2:

Class counsel will mail you payment by cheque on or before March 31, 2012. The amount will be the lesser of your adjudicated entitlement to compensation and $25,000.

If your adjudicated entitlement to compensation exceeds $25,000 and if following all payments there remain surplus settlement funds allocated to the Highway 6 Class, class counsel will mail you a further payment by cheque on or before June 30, 2012. The likelihood and amount of a further payment will depend on the number of applications received and the amount of compensation paid.

Option 3:

Class counsel will mail you payment by cheque on or before June 30, 2012. The amount will be the lesser of your adjudicated entitlement to compensation and $25,000.

If your adjudicated entitlement to compensation exceeds $25,000 and if following all payments there remain surplus settlement funds allocated to the Highway 6 Class, class counsel will increase the June 30, 2012 payment. The likelihood and amount of an increased payment will depend on the number of applications received and the amount of compensation paid.

3. The Contractors Class

Class counsel will mail you payment by cheque on or before June 30, 2012. The amount will be the lesser of your adjudicated entitlement to compensation and $25,000.

If your adjudicated entitlement to compensation exceeds $25,000 and if following all payments there remain surplus settlement funds allocated to the Contractors Class, class counsel will increase the June 30, 2012 payment. The likelihood and amount of an increased payment will depend on the number of applications received and the amount of compensation paid.

4. The Property Occupiers Class

Class counsel will mail a compensation payment on or before March 31, 2012. The amount will be determined by the address and the duration of occupancy.

If following all payments there remain surplus settlement funds allocated to the Property Occupiers Class, class counsel will mail you a further payment by cheque on or before June 30, 2012. The likelihood and amount of any further payment cannot be predicted and depends on the number of applications received and the amount of compensation paid.

A. Yes. Please note, however, that the cost of such advice is not recoverable as part of your application for compensation and you are therefore responsible for it.