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C
A N A D A S
U P E R I O R C O U R T (Class
Action) PROVINCE
OF QUÉBEC
__________________________________________________ DISTRICT
OF MONTRÉAL No:
500-06-000074-985
HARRY DIKRANIAN Plaintiff VS ATTORNEY
GENERAL OF QUEBEC (BERNARD
ROY & ASSOCIÉS) Defendant
AND
OTHERS NOTICE
TO MEMBERS (SUMMARIZED) 1.
TAKE
NOTICE
that a class action has been authorized on June 10, 1999, by judgment of
the Honourable Mr. Justice Denis Lévesque of the Superior Court, which
attributed to Mr. HARRY DIKRANIAN, attorney in Montreal,
the
status of representative of the physical persons forming the group, the said
group's designation having been modified by judgment rendered by the Honourable
Mr. Justice Pierre Journet on October 16, 2000, which is described hereafter: "All
students who on June 30, 1997 had obtained one ore more student loans after
signing a Loan Certificate issued by the Direction générale de l'aide finacière
aux étudiants and who did not obtain other student loans after June 30, 1997,
and completed or abandonned their studies after June 30, 1997" And "All
students who on June 30, 1997 had obtained one ore more student loans after
signing a Loan Certificate issued by the Direction générale de l'aide finacière
aux étudiants and who did not obtain other student loans after April 30, 1998,
and completed or abandonned their studies after April 30, 1998." 2.
The class action to be brought by the representative of the members of
the group shall consist of declarations to the effect that certain provisions of
the Act Respecting Financial Assistance for Students as amended subsequent to
the contracts signed by the members, which have provoked an increase in the
interest charges that are assumed by the members, do not apply to the members of
the group. A claim for restitution
of excess interest paid or capitalized is also sought; 3.
A member may ask that his intervention be received if such intervention
is considered useful to the group. Any
intervening member may be compelled to a discovery or medical examination as the
case may be, if the Defendant so requests.
A member who does not intervene in the class action shall not be
submitted to a discovery or medical examination unless the Court decides it is
necessary; 4.
The Chief Justice has ordered that the class action authorized by the
said judgment shall be brought in the district of Montréal; 5.
Any member who have not yet filed a personal suit may exclude himself
from the group by giving a notice to the clerk of the Superior Court of the
District of Montreal, by registered or certified mail prior to the expiration of
the delay for exclusion; 6.
The latest date a member may request his exclusion shall be the 90th day
from the date mentioned at the end of this notice except if special leave is
granted by the Court; 7.
Any member of the group who will not have requested his exclusion in the
way hereinafter indicated shall be bound by all judgments to come in the class
action; 8.
Any member of the group who has already filed a personal suit which is
covered by the class action is known to be excluded from the group if he does
not desist himself form his suit prior to the expiration of the delay for
exclusion; 9.
A member of the group other than the representative or an intervener
cannot be ordered to pay the costs of the class action; 10.
The designated address of the Plaintiff is as follows: Harry
Dikranian 1010
de la Gauchetière West, Suite 1020 Montreal,
Qc H3B 2N2 Fax:
(514) 878-9195 11.
The address of the Defendant is as follows: Me
Mario Normandin, Bernard Roy & Associés, Procureur
Général du Québec 1
Notre-Dame East, 8th Floor Montreal,
Qc H2Y 1B6 Fax:
(514) 873-7074 12.
All members of the group is besides requested to communicate any change
of address by written notice to be given to the attorneys of the representative,
namely: Me
Leon J. Greenberg and/or Me Guy St-Germain STERNTHAL
KATZNELSON MONTIGNY 1010
de la Gauchetière West, suite 1020 Montreal,
Qc H3B 2N2 Fax:
(514) 878-9195 The
publication of this Notice has been granted by the Court. Montréal,
October 20, 2000 STERNTHAL
KATZNELSON MONTIGNY
Attorneys
for the Representative
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