Maple Leaf Listeriosis Settlement headed to Courts for Approval

    TORONTO, Feb. 2 /CNW Telbec/ - A proposed Canada-wide settlement between

the plaintiffs in numerous class action lawsuits, including three lead actions

(the "Lead Actions"), and Maple Foods Inc. and Maple Leaf Consumer Foods Inc.

(the "Defendants") has been reached. The proposed settlement affects

individuals who consumed or purchased certain food products (the "Recalled

Products") between January 1, 2008 and August 31, 2008. The proposed

settlement provides that compensation be paid to individuals who consumed

Recalled Products and their families, if their consumption caused any physical

or psychological harm.

    The proposed certification and settlement stems from class action

lawsuits which claim that the Defendants distributed, supplied, manufactured

or sold the Recalled Products that may have contained the bacteria listeria

monocytogenes and as a result of ingesting the Recalled Products, some

individuals became ill or died.



    Eligibility



    Individuals who consumed the Recalled Products may be eligible to

participate in the proposed settlement and obtain compensation. Class Members

who purchased but did not consume Recalled Products will not be eligible to

receive compensation unless such persons are eligible for compensation as

family members, but will be bound by the terms of the settlement, including a

release of all claims against the Defendants. In addition, persons and

corporations who purchased Recalled Products for resale purposes are NOT part

of the settlement class and will not be bound by the settlement.



    Proposed Compensation and Settlement



    The proposed settlement provides for the creation of a $25 million

settlement fund ("Settlement Fund") from which eligible claimants may receive

compensation. The Defendants will also pay up to a further $2 million dollars

if the Settlement Fund is insufficient to fully compensate all eligible

claims. The amount each claimant will receive depends upon the severity of

their illness. Claimants may also claim for lost income and certain

out-of-pocket expenses.

    For claimants who sustained physical symptoms consistent with

Listeriosis, the compensation ranges from $750 (for physical symptoms lasting

between 24 and less than 48 hours) up to $125,000 (for serious and long

lasting physical injuries). The estates of Class Members who died as a result

of symptoms consistent with Listeriosis will be paid $120,000, plus additional

substantial amounts to immediate family members. Notice costs, administration

costs, and class counsel fees and disbursements will be paid out of the

Settlement Fund.



    Motion for Certification and Approval of the Settlement



    All aspects of this proposed settlement are subject to court approval. In

order for the settlement to become effective, it must be approved by the

courts in Saskatchewan, Ontario and Québec, each of which must be satisfied

that the settlement is fair, reasonable, and in the best interests of Class

Members. Dates for the settlement approval hearings have been scheduled with

the respective courts as follows:- In the Saskatchewan Action on March 10, 2009, at 9:00 a.m. at the Court

      of Queen's Bench of Saskatchewan, 2425 Victoria Avenue, Regina,

      Saskatchewan.

    - In the Ontario Action on Thursday, March 5, 2009 at 10:00 a.m. at the

      Ontario Superior Court of Justice, 361 University Avenue, Toronto,

      Ontario.

    - In the Québec Action on March 20, 2009 at 9:00 a.m. at the Superior

      Court of Québec, 1 Notre-Dame East, Montréal, Québec.Claimants who support the proposed settlement, do not need to appear at

the approval hearings.



    Making a Claim



    If the settlement is approved, in order to be eligible to receive

compensation, claimants must complete, sign, and return a Claim Form, along

with the required accompanying documentation, to the Administrator listed at

the end of this release.

    Claim Forms maybe obtained by calling the toll-free number

1-800-801-2521, by visiting www.mapleleafclaim.com or by emailing a request to

info@mapleleafclaim.com.

    Claimants are encouraged to submit their claims as soon as possible.

However, claims will only be processed and paid, if eligible, following

approval of the settlement by the courts. Claim Forms must be received by the

Administrator no later than 5:00 p.m. Eastern Standard Time on July 31, 2009.



    Objecting to the Proposed Settlement or Opting Out



    Claimants who wish to appear at the approval hearing or object to this

proposed settlement, should submit a written objection to the Administrator

according to the procedures and deadlines described in the Long-Form Notice

(available at www.mapleleafclaim.com) no later than March 2, 2009. The

Administrator will file copies of all objections with the courts.

    If the courts approve the settlement, claimants will be bound by all of

the applicable court's orders, the release and other provisions of the

settlement, unless they choose to exclude themselves from the appropriate

settlement class ("Opting Out"). The process and deadline for Opting Out will

be set out in a further notice that will be issued only if the Lead Actions

are certified and the proposed settlement is approved by the courts.



    Class Counsel



    The following law firms represent Class Members:- For residents of Nova Scotia, New Brunswick, Newfoundland and Labrador,

      Manitoba, Saskatchewan, Yukon, North West Territories, Nunavut, and

      residents outside of Canada: Merchant Law Group LLP (306) 359-7777.

    - For residents of Ontario, B.C., and Alberta: Branch MacMaster,

      (604) 654-2999, Docken and Company (403) 269-3612, Falconer Charney

      (416) 964-3408, Hotz Lawyers (416) 590-7823, Merchant Law Group LLP

      (647) 215-7776, Rochon Genova LLP (416) 363-1867, Stevensons LLP

      (416) 599-7900, Sutts, Strosberg LLP (519) 561-6294.

    - For residents of Québec: Merchant Law Group LLP (514) 842-7776,

      Sylvestre Fafard Painchaud (514) 937-2881.Class Members who consider it desirable or necessary to seek the advice

or representation of their own lawyers may do so at their own expense.



    Interpretation



    This press release is just a summary of some of the terms of the proposed

certification and settlement. In the case of any conflict between this press

release, the provisions of any posted Notice and the proposed settlement, the

terms of the settlement as set out in the Long Form Notice shall prevail. The

Long Form Notice is available 1-800-801-2521, by visiting

www.mapleleafclaim.com or writing to info@mapleleafclaim.com.



    For more information:



    For more information, visit www.mapleleafclaim.com or contact the

    Administrator:



    Bruneau Group Inc.

    Maple Leaf Settlement Administrator

    P.O. Box 20187 - 390 Rideau Street

    Ottawa ON K1N 9P4

    Tel.: 1-800-801-2521

    Fax: 613-562-0321

    Email: info@mapleleafclaim.com



    Do Not Contact the Courts about this Settlement

For further information: Bruneau Group Inc., Maple Leaf Settlement

Administrator, 1-800-801-2521, Fax: (613) 562-0321, info@mapleleafclaim.com;

www.mapleleafclaim.com