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th ei fp .c a Th e IF P -H al to n H ill s | T hu rs da y, D ec em be r 3, 20 20 | 10 FULL-SERVICE RETIREMENT HOME 905-877-1800 222 Mountainview Road North, Georgetown www.mountainviewresidence.com You've worked hard to enjoy retirement, now it's our pleasure to make this the best time of your life in a family, friendly atmosphere. Mountainview Residence Of Georgetown In-house physiotherapy team, Aqua-Fit and gentle chair yoga. On-site activities include multiple movie nights weekly, various card games (for the novice and the experienced), ice cream days, pet therapy. Along with personal care and services to support independence. Our residents share full service meals in our updated dining room. NOTICE OF SETTLEMENT APPROVAL HEARING (SHORT FORM) THIS NOTICE IS TO ALL INDIVIDUALS WHO RECEIVED DENTAL SERVICES PRIOR TO JUNE 9, 2017 AT THE OFFICE OF DR. VIVEK (VICK) HANDA AND UPPER MIDDLE DENTAL LOCATED AT 1900 WALKERS LINE IN BURLINGTON, ONTARIO READ THIS NOTICE CAREFULLY AS IT MAY AFFECT YOUR LEGAL RIGHTS 1. What is this lawsuit about? A representative Plaintiff, Lina Rizzi, has commenced a Class Proceeding against DR. VIVEK (VICK) HANDA, UPPER MIDDLE DENTAL and VICK HANDA DENTISTRY PROFESSIONAL CORPORATION ("the Defendants"), seeking damages on behalf of individuals who received dental services prior to June 9, 2017, and their family members, as a result of being exposed to the risk of infection of Hepatitis B, Hepatitis C and human immunodeficiency virus (HIV) from improperly sterilized dental equipment, devices and instruments used by the Defendants. The Class Proceeding was certified on March 20, 2019. Flaherty McCarthy LLP represents the class ("Class Counsel"). The Defendants have not admitted any wrongdoing or liability in connection with the Class Proceeding. The purpose of this document is to provide notice to Class Members that a motion will be heard on February 5, 2021 at 10:00 AM by Zoom to approve the proposed settlement and Class Counsel fees. Zoom log-in details will be available from Class Counsel one week before the motion. 2. Am I a member of the Class? You are a member of the Class and entitled to participate in the proceeding if you are one of the following: (a) Patients of Upper Middle Dental who received dental services prior to June 9, 2017, and had a positive laboratory test for Hepatitis B, Hepatitis C and/or HIV after receiving said services, and contracted Hepatitis B, Hepatitis C and/or HIV (the "Infected Class"); (b) All persons who had a positive laboratory test for Hepatitis B, Hepatitis C and/or HIV, and contracted Hepatitis B, Hepatitis C and/or HIV after an Infected Class Member received dental services from Upper Middle Dental prior to June 9, 2017 (the "Cross-Infected Class"); (c) Patients of Upper Middle Dental who received dental services prior to June 9, 2017, and who were notified by a health authority, or were otherwise advised by a health authority that they were put at risk of contracting Hepatitis B, Hepatitis C and/or HIV, after receiving said services (the "Exposed Class"); (d) All living parents, grandparents, children, siblings and spouses within the meaning of section 61 of the Family Law Act, R.S.O. 1990, c.F-3, as amended, of the persons described in paragraphs (a) and (b) above (the "FLA Class"). 3. What proposed settlement has been reached in this Class Proceeding? The Settlement Agreement provides that the Defendants shall pay $1,550,000.00 plus additional amounts in exchange for a full and final release of the claims against them ("the Proposed Settlement"). The Proposed Settlement is subject to Court-approval. The Settlement, if approved, will conclude the Class Proceeding. Under the terms of the Proposed Settlement Agreement, the Defendants shall pay the total sum of $1,550,000.00 (the "Settlement Funds") to compensate all Class Members. Further, the Defendants shall pay costs of $50,000.00, plus HST and disbursements to Class Counsel, and this amount will be applied against the Court-approved legal fees and other expenses. Class Counsel shall seek, with the consent of the Defendants, Court approval of a 30% contingency fee agreement to be paid from the Settlement Funds ("the Fee Approval Hearing"). 4. How will the Settlement Funds be paid to Class Members (Distribution Protocol)? The proposed Distribution Protocol shall pay approved claims from the Settlement Funds, less Court approved legal fees and other expenses, and less any subrogated claim of the Ontario Minister of Health ("the Net Settlement Funds"). The Distribution Protocol, if approved, will provide that the Net Settlement Funds shall be divided so as 30% shall be payable for Exposed/Uninfected Class Members ("the Exposed/Uninfected Fund"), and 70% shall be payable for Infected Class Members ("the Infected Fund"). Each Exposed/Uninfected Class Member shall be paid an equal amount of 30% of the Exposed/Uninfected Net Settlement Funds. The maximum recovery for each Exposed/Uninfected Class Member shall be $500.00, and in no event shall the total amount exceed 30% of the Net Settlement Funds. Each Infected and Cross-Infected Class Member (and corresponding FLA Class Members) shall submit a Claim Form to the Litigation Administrator by the Claims Deadline set by the Court, including proof of Hepatitis B or Hepatitis C or HIV infection, and in the case of a Cross-Infected Class Member, a relationship with an Infected Class Member. The Arbiter appointed by the Court shall convene a hearing with the Class Member to consider oral submissions, in addition to the materials provided by the Class Member, if the Arbiter deems it necessary. Each Infected and Cross-Infected Class Member (and corresponding FLA Class Members) shall be paid an amount to be ascertained by the Arbiter at the end of the Claims Deadline. The decision of the Arbiter is final and binding, and there is no right of appeal. Any Net Settlement Funds remaining following the payment of claims shall be returned to the Defendants ("right of reversion"). 5. Can I object to the Proposed Settlement? If you are a Class Member, you can object to the Proposed Settlement if you don't think it is fair, reasonable, or in the best interests of the Class Members. You can give reasons why you think the Court should not approve it. To object, you must send a letter to the address shown below stating that you object to the Proposed Settlement. Your objection must include: (a) Your full name, current mailing address, email address and telephone number; (b) A brief statement of the reason(s) for your objection; and (c) Your signature or the signature of your legal agent, acting with your instructions. To be considered by the Court, your Objection Form must be received by Class Counsel by mail by no later than January 22, 2021 at 5:00 PM, at the address below. 6. Additional Information. Information regarding the Proposed Settlement and pending Motion is available at www.HandaDentalClassAction.com. Requests for information or questions for Class Counsel should be directed to: SEAN A. BROWN FLAHERTY MCCARTHY LLP Toronto-Dominion Centre 95 Wellington Street West 10th Floor, Suite 1000 Toronto, Ontario M5J 2N7 info@handadentalclassaction.com The Halton Hills Public Library has partnered with the Milton and Burlington courthouses to offer a quiet spot for local residents to at- tend virtual court appear- ances. Since some individuals may not have a permanent residence or access to a computer and wifi, the local library has come on board with space to conduct first appearance court sessions. The virtual process al- lows courts to continue pro- ceedings and clear the backlog of cases due to the pandemic. "We are pleased to assist Milton and Burlington in offering a quiet space for members of the community who need digital access and privacy for their court ses- sions," said Chief Librarian Melanie Southern. "Libraries are vital com- munity resource hubs for all residents. As such, Hal- ton Hills Public Library strives to educate, assist and support all members of the community." A library card is re- quired for this service and can be obtained at the ser- vice desk. Those who don't have valid ID or proof of ad- dress can get a transitional library card or a virtual card. Anyone who wants to use the service is asked to arrive 15 to 30 minutes prior to their court session to al- low time to register for a card, and be set up to attend virtual court. NEWS LIBRARY OFFERING SPACE TO ACCESS VIRTUAL COURT SESSIONS MELANIE HENNESSEY mhennessey@ metroland.com Virtual court appearances can now be attended at the Halton Hills Public Library. Torstar file photo