WHEREAS the individual listed above (the "Plaintiff") authorizes and retains Juroviesky & Ricci LLP (the "Lawyers") to prosecute a Class Action under the Class Proceedings Act of 1992 to recover damages and to seek other relief against York University (the "Defendant") arising out of the Plaintiff's purchase(s) of services from Defendant (the "Litigation"); and
WHEREAS the Litigation entails numerous complex factual and legal issues and entails considerable risk; and
WHEREAS the Litigation requires the expenditure of substantial resources by the Lawyers retained to prosecute the Litigation; and
WHEREAS the Plaintiff seeks to maximize his/her recovery while limiting the expenditure of his/her own resources;
NOW, THEREFORE, the Plaintiff and the Lawyers AGREE AS FOLLOWS:
I. PLAINTIFF CERTIFICATIONS
1. The Plaintiff has reviewed the Statement of Claim, and approves of the contents therein.
2. The Plaintiff did not acquire the services that are the subject of this action at the direction of the Lawyers or in order to participate in the Litigation.
3. The Plaintiff represents and warrants that he/she is fully authorized to enter into and execute this Agreement.
4. If the Plaintiff agrees to serve as Representative Plaintiff, the Plaintiff will not accept any payment for serving as a representative party on behalf of the Class beyond the Plaintiff's pro rata share of any recovery, except such reasonable costs and expenses (including lost wages) directly relating to the representation of the Class as ordered or approved by the court.
5. The Plaintiff understands that completion and filing of this Agreement does not constitute a monetary claim nor entitle the Plaintiff to any award.
6. The Plaintiff understands that he/she may not fall within the definition of a "Class Member", and as such, may not be entitled to any recovery (should there be any recovery as a result of the Litigation).
7. The Plaintiff understands and consents to the Lawyers' amending and modifying the Statement of Claim from time to time, as needed, to serve the best interests of the Class.
II. SCOPE OF SERVICES/CASE HANDLING
1. The Lawyers are retained to provide legal services for the purpose of seeking damages and other relief in the Litigation. The Lawyers will seek to be appointed as Class Counsel.
2. Any recovery will be divided among the Plaintiffs based on the recognized loss by each Plaintiff as calculated by a damage allocation plan which will be prepared by a financial expert and approved by the Court. Any individual recovery will need to be separately applied for by the Plaintiff.
3. The Lawyers are given the authority to opt the Plaintiff out of any class action proceeding relating to the claims authorized herein, if the Lawyers are not appointed exclusive Class Counsel.
III. CONTINGENCY FEE AGREEMENT
1. The Plaintiff is not liable to pay any of the expenses of the Litigation, whether lawyers' fees or costs. Recovery of costs and other expenses is contingent upon a recovery being obtained. If no recovery is obtained, the Plaintiff will owe nothing for costs and other expenses.
2. The sole contingency upon which the Lawyers shall be compensated is a recovery in the Litigation, whether by settlement or judgment. The Lawyers will request that the court approve legal fees of 25% of the total recovery in addition to the Lawyers' reasonable disbursements in the Litigation plus applicable taxes. "Disbursements" shall include but not be limited to costs of travel expenses, telephone, copying, fax transmission, depositions, investigators, messengers, mediation expenses, computer research fees, other computer service fees, court fees, expert fees, other consultation, class action and paralegal fees and expenses. Any recovery in the Litigation shall first be used to reimburse disbursements.
3. In the event that the Litigation is resolved by settlement under terms involving any "in-kind" payment, the contingency fee agreement shall apply to such "in-kind" payment.
IV. GENERAL REQUIREMENTS
1. The Plaintiff agrees to cooperate in the prosecution of the suit including providing documents to substantiate the Plaintiff's claim, and to cooperate in providing discovery information, including a deposition if necessary.
2. The Plaintiff recognizes that the Lawyers are representing other plaintiffs within the Class period in the Litigation. The Plaintiff agrees that any conflicts caused by such representation are waived.
V. TERMINATION
1. The Plaintiff may terminate this Agreement as to the Lawyers, with or without cause and without penalty, by providing the Lawyers with written notice of termination. The Lawyers may terminate this agreement if the Plaintiff fails to cooperate in the prosecution of this action.
VI. NOTICE
1. All notices to be given by the parties hereto shall be in writing and served by depositing same in Regular Post, postage prepaid and registered as follows:
TO THE PLAINTIFF
The address set out under 'Contact Information' above.
TO LAWYERS
The Lawyers' head office as set out on their website.
VII. MISCELLANEOUS PROVISIONS
1. Any actions arising out of this Agreement shall be governed by the laws of Ontario, and shall be brought and maintained in the Ontario Superior Court of Justice, which shall have exclusive jurisdiction thereof.
2. This Agreement sets forth the entire Agreement between the parties, and supersedes all other oral or written provisions.
3. From time to time, at the Lawyers' request, the Plaintiff agrees to execute and deliver to the Lawyers such instruments as may reasonably be required to carry out the intent and purpose of this Agreement, and further agrees to deliver to the Lawyers such other data, papers and information as may be requested by the Lawyers to assist in the prosecution of the Litigation.
4. If any information provided herein changes (including the Plaintiff's contact information), the Plaintiff agrees to provide immediate updates to Juroviesky & Ricci LLP in writing by mail, fax, and/or email.
