This Notice advises that the Ontario Superior Court of Justice and Superior Court of Québec respectively certified and authorized proposed class actions for settlement purposes. It also provides information about the Settlement, which pertains to all economic loss claims relating to the 2014 recalls of certain GM vehicles alleged in fifteen (15) lawsuits brought on behalf of persons who owned or leased the recalled GM vehicles. These economic loss class claims are made by current and former owners and lessees of GM vehicles subject to recalls relating to Delta ignition switches, key rotation, Camaro knee-key, and/or electric power steering with the Transport Canada recall numbers listed in FAQ 3.

One of the fifteen lawsuits is Edward Oberski et al. v. General Motors LLC et. al. filed in the Ontario Superior Court of Justice ("Ontario Court") bearing Court File No. CV-14-50203-CP ("Ontario Action"), and two of the lawsuits are filed in the Superior Court of Québec ("Québec Court", and together with the Ontario Court, the "Courts"), Michael Gagnon v. General Motors of Canada et. al., Court File No. 500-06-000687-141 and Michael Gagnon v. General Motors of Canada et. al., Court File No. 500-000729-158 ("Québec Actions") (collectively, "Actions").

The other twelve lawsuits being settled (the "Related Actions") are as follows: (i) George Shewchuck v General Motors of Canada Limited, et. al., Court File No. QBG 1396/14, Bradie Herbel v. General Motors of Canada Limited et. al., Court File No. QBG 480/14, Dale Hall v. General Motors of Canada Limited et. al., Court File No. QBG 1273/15, and Rene Fradette v. General Motors of Canada Limited et. al., Court File No. QBG 1181/15, each in Saskatchewan Court of Queen's Bench, (ii) Garth Coen v. General Motors of Canada Limited et. al., Court File No. 14-1262, British Columbia Supreme Court, (iii) Holly Standingready v. General Motors of Canada Limited, Court File No. 1403-04964, Alberta Court of Queen's Bench, (iv) Catherine Seeley v. General Motors of Canada Limited et. al., Court File No. C114-88682, Manitoba Court of Queen's Bench (v) Chris Spicer v. General Motors of Canada Ltd. et al., Court File No. MC-176-14, New Brunswick Court of Queen's Bench, (vi) Sue Brown et. al. v. General Motors of Canada Limited et. al., Court File No. 427140 and Alex Mulford v. General Motors of Canada Ltd., Court File No. 426204, both in Nova Scotia Supreme Court, (vii) Meghan Dunphy v. General Motors of Canada Ltd., Court File No. 201401G2284CP, Newfoundland Supreme Court, and (viii) Academie Ste Cecile International School et. al. v. General Motors of Canada Limited, Court File No. CV-14-20629-CP, Ontario Superior Court.

The Notice explains the terms of the Settlement and your legal rights.

Settlement Class Representatives in the Actions and plaintiffs in the Related Actions filed proposed class action claims against New GM and GM Canada alleging that consumers overpaid when they bought or leased GM vehicles that were subject to certain 2014 recalls. New GM and GM Canada deny these allegations. The Settlement Class Representatives, New GM and GM Canada (together the "Parties") negotiated the Settlement to resolve these economic loss claims, as well as all economic loss claims for these recalls that have been or may be asserted by the Settlement Class against New GM and GM Canada and certain other released parties. The Settlement avoids the risk and cost of a trial and provides Settlement benefits to Settlement Class Members (defined in FAQ 3). The Settlement Class Representatives in the Actions, the plaintiffs in the Related Actions and their lawyers think that the Settlement is in the best interests of all Settlement Class Members and that it is fair, reasonable, and adequate.

A Settlement Class Member is a member of the Settlement Class. The Settlement Class, which has been certified or authorized by the Ontario Superior Court of Justice and the Superior Court of Québec for Settlement purposes only, is defined as: 

All Persons resident in Canada other than Excluded Persons, who, at any time on or before the Recall Announcement Date of the Recall(s) applicable to their Subject Vehicles, owned, purchased, and/or leased a Subject Vehicle in any of the provinces/territories in Canada.

"Subject Vehicles" means the GM Motor vehicles subject to the Recalls as specifically defined by the vehicle identification numbers (VINs) provided by GM to the Settlement Administrator.

The "Recalls" and the "Recall Announcement Date" are as follows:

*Only those vehicles with a vehicle identification number that is subject to one or more of the above Recalls are included in the Settlement as a Subject Vehicle. Please use the VIN Lookup tool to see if your vehicle qualifies. 

The Recall Announcement Date is a certain date that is the end of the month following the month of GM's last initial notification to owners/lessees of each Recall.

Go to the VIN Lookup tool to see if your GM vehicle is covered by the Settlement. Have your vehicle identification number ready.

The Settlement Class is comprised of the four Subclasses below (the "Subclasses"):

• Subclass 1: The Delta Ignition Switch Subclass, comprised of those Settlement Class Members who own(ed), purchase(d), and/or lease(d) a Subject Vehicle subject to Transport Canada Recall Nos. 2014-038, 2014-060 and 2014-101.
• Subclass 2: The Key Rotation Subclass, comprised of those Settlement Class Members who own(ed), purchase(d), and/or lease(d) a Subject Vehicle subject to Transport Canada Recall Nos. 2014-273, 2014-246, 2014-284.
• Subclass 3: The Camaro Knee-Key Subclass, comprised of those Settlement Class Members who own(ed), purchase(d), and/or lease(d) a Subject Vehicle subject to Transport Canada Recall No. 2014-243.
• Subclass 4: The Electric Power Steering Subclass, comprised of those Settlement Class Members who own(ed), purchase(d), and/or lease(d) a Subject Vehicle subject to Transport Canada Recall No. 2014-104.

Settlement Class Members with a Subject Vehicle covered by both the Delta Ignition Switch Recall and the Electric Power Steering Recall shall be members of both the Delta Ignition Switch Subclass and the Electric Power Steering Subclass and shall be eligible to receive settlement payments allocated to both Subclasses. Settlement Class Members with multiple Subject Vehicles shall be members of the Subclasses applicable to each of their respective Subject Vehicles.

Under the proposed Settlement, each Settlement Class Member will be deemed to have waived, released, and promised not to sue for any economic loss claims that the Settlement Class Member has or may have in the future, directly or indirectly, against New GM, GM Canada and certain other released parties (the "Released Parties").

The proposed Settlement does not apply to claims for personal injury (and related family/dependent claims), wrongful death or actual physical property damage relating to the 2014 recalls. These class claims have been discontinued from the class actions as such claims may be pursued individually (not in a class action) if permitted in your province, and any such individual claims will not be waived or released by the approval of the Settlement. As a result of the discontinuance in the class actions, the limitation periods (legal deadlines for commencing a lawsuit) are no longer suspended and began to run again. After the limitation period, your right to sue will be extinguished. Get advice from your own lawyer about legal deadlines for individual lawsuits.

If approved by the Courts, the Settlement will prohibit Settlement Class Members from suing or being part of any other lawsuit or claim against the Released Parties that relates to the subject matter of the Actions, Related Actions and the Recalls, including, but not limited to, those relating to the design, manufacturing,  advertising,  testing,  marketing,  functionality,  servicing,  sale,  lease or resale of the Subject Vehicles (the "Released Claims"). The specifics of the Released Claims are set out in more detail in the Settlement Agreement, which is posted on the Important Documents page. The Settlement Agreement describes the Released Claims in specific legal terminology. Talk to your own lawyer if you have questions about the Released Claims or what it means.

The Settlement Agreement allows Settlement Class Members to submit a claim to the Settlement Administrator, and, if eligible, receive a payment from the Settlement Fund Amount, as described below.

i.  The Settlement Fund Amount

In exchange for Settlement 'Class Members' release of the Released Claims, there will be a CA$12 million settlement fund established (the "Settlement Fund Amount"). Settlement payments to eligible Settlement Class Members will only occur if both (i) the Approval Orders of the Ontario Court and the Québec Court and (ii) the orders dismissing the Related Actions with prejudice and without costs become Final, among other orders, and after Administrative Expenses (such as for claims administration) are deducted.

ii.  How will payments for eligible claims be allocated?

A "Net Settlement Amount" shall be determined by deducting Administrative Expenses, taxes and any honoraria payments from the Settlement Fund Amount. The entire Net Settlement Amount shall be distributed to Settlement Class Members with claims determined to be eligible by the Settlement Administrator. Members of the Delta Ignition Switch Subclass shall receive twice (2x) the amount paid to members of the Camaro Knee-Key and Electric Power Steering Subclasses, and members of the Key Rotation Subclass shall receive one-and-a half times (1.5x) the amount paid to members of the Camaro Knee-Key and Electric Power Steering Subclasses. An eligible Settlement Class Member with a Subject Vehicle subject to both the Delta Ignition Switch Recall and the Electric Power Steering Recall will receive both the Delta Ignition Switch Subclass and the Electric Power Steering Subclass settlement payments. The calculation process for the Net Settlement Amount is set out in the Settlement Agreement.

iii.  How do I get a payment from the Net Settlement Amount?

The claims process has not yet begun and will not begin until after the Courts approve the Settlement. If the Settlement is approved by the Courts at the Settlement Approval Hearings, you will be able to file a Claim Form online or by mail postmarked by the deadline posted on the Settlement Website to receive a payment. Claims may be submitted online under the File a Claim page or by mail to GM Ignition Switch Economic Settlement, c/o JND Legal Administration, PO Box 8111, Vancouver Main, Vancouver, BC V6B 4E2. For certain Settlement Class Members, both a complete Claim Form and additional documentation may be required to establish eligibility. Instructions are on the Claim Form and in the Online Claim Form. You may register your email or mailing address by selecting the Register for Updates page above to ensure you receive notice of court approval and the claim deadline.

If you fail to submit a Claim Form by the required deadline, you will not receive a payment. Sending in a Claim Form late will be the same as doing nothing.

Certain lawyers representing Settlement Class Representatives ("Co-Lead Counsel"), listed below, negotiated the Settlement Agreement with New GM and GM Canada. Co-Lead Counsel will file the motions in the Ontario Court and the Québec Court seeking the approval of the Settlement. You will not be charged for services performed by Co-Lead Counsel. If you want to be represented by your own lawyer, you may hire one at your own expense.

If you want to contact Co-Lead Counsel, they can be reached at:

Rochon Genova LLP
Attn: Jon Sloan
121 Richmond Street West
Suite #900
Toronto, ON M5H 2K1
jsloan@rochongenova.com
Tel: 1-800-462-3864 or local (416) 363-1867

Kim Spencer McPhee Barristers P.C.
Attention: Megan B Mcphee
1203-1200 Bay Street
Toronto, ON M5R 2A5
mbm@complexlaw.ca
Tel: (416) 596-1414
 

Co-Lead Counsel will ask the Ontario Court and the Québec Court, on behalf of all plaintiffs' counsel who represent any person claiming in the Actions and/or the Related Actions, for approval of up to a total of CA$4,397,500.00 as the payment by the Defendants for plaintiffs' counsel fees, expenses, costs, disbursements and associated taxes (the "Maximum Plaintiffs' Counsel Fee Amount"). This application for plaintiffs' counsel fees will need to be approved by the Courts.

The Courts may award less than the amount requested by Co-Lead Counsel. However, under no circumstances shall the Defendants pay any amount greater than the Maximum Plaintiffs' Counsel Fee Amount, and, if the Courts award less than the Maximum Plaintiffs' Counsel Fee Amount, then Defendants shall pay only the lesser amount.

This amount awarded by the Courts for plaintiffs' counsel fees, expenses, costs, disbursements and associated taxes will not come out of the Settlement Fund Amount described above.

No class member other than the Settlement Class Representatives or an intervenor in Québec (see below) will be required to pay legal costs arising from the class actions.

If you do not want to be a member of the Settlement Class and you do not want to participate in the Settlement, you can exclude yourself from--or opt out of--the Settlement Class by sending an opt out form by mail, courier, or e-mail so that it is received on or before July 19, 2024.

The opt out form must include:

• Your full name, mailing address, telephone number and email;
• Proof that you are a Settlement Class Member, including proof of the dates when you owned or leased the Subject Vehicle(s), and an attestation that you are not an Excluded Person;
• The make, model, model year, and VIN of the Subject Vehicle(s); and
• Your address(es) at the time you owned or leased the Subject Vehicle(s).

An opt-out form is available by clicking here.

For non-Québec residents, the opt out form should be sent to the Settlement Administrator through email to info@GMIgnitionSwitchSettlement.ca, or by mail or courier to GM Ignition Switch Economic Settlement, c/o JND Legal Administration, PO Box 8111, Vancouver Main, Vancouver, BC V6B 4E2.

If you are a Québec resident, your opt out form should be sent to the following address:

Clerk of the Superior Court of Québec
Montréal Court house
Re: Michael Gagnon v. General Motors of Canada et. al.
500-06-000687-141 | 500-06-000729-158
1 Notre-Dame Street East, Room 1.120
Montréal, Québec H2Y 1B5

If you exclude yourself from the Settlement Class, you will not get any money or benefits from this Settlement. By excluding yourself, however, you will retain your individual right to sue the Released Parties for the economic loss claims alleged in the Actions and Related Actions, at your own expense. Get advice from your own lawyer about legal deadlines for individual lawsuits.

If you are a Settlement Class Member, and if you do not exclude yourself from the Settlement Class by opting out, you can object to the proposed Settlement if you do not like it. You can give reasons why you think the Courts should not approve any or all terms of the Settlement, and the appropriate Court will consider your objection. The Ontario Court will consider objections of all Settlement Class Members other than those whose Subject Vehicles were released to an authorized GM dealership located in Québec for the first retail sale in Canada. The Québec court will consider objections of Settlement Class Members whose Subject Vehicles were released to an authorized GM dealership located in Québec for the first retail sale in Canada.

To object, non-Québec residents must deliver an objection form to the Settlement Administrator by email to info@GMIgnitionSwitchSettlement.ca or by courier or mail to GM Ignition Switch Economic Settlement, c/o JND Legal Administration, PO Box 8111, Vancouver Main, Vancouver, BC V6B 4E2 so that it is received on or before July 19, 2024.

If you are a Québec resident, your objection form should be sent by July 19, 2024 to the following address:

Clerk of the Superior Court of Québec
Montréal Court house
Re: Michael Gagnon v. General Motors of Canada et. al.
500-06-000687-141 | 500-06-000729-158
1 Notre-Dame Street East, Room 1.120
Montréal, Québec H2Y 1B5

Objections received after this date will not be considered.

Your signed objection form must include:

1. Your full name, mailing address, telephone number and email;
2. Proof that you are a Settlement Class Member, including proof of the dates when you owned or leased the Subject Vehicle(s), and a statement that you are not an Excluded Person;
3. The make, model, model year, and VIN of the Subject Vehicle(s);
4. A statement of the nature of and reason for the objection to the Settlement, including all factual and legal grounds for the objection, and
5. Whether you intend to appear in person/by videoconference, if available, or through legal counsel at the Settlement Approval Hearing, and if appearing by counsel, the name, address, telephone number, and e-mail address of counsel.

An objection form is available by clicking here.

If you do not state your intention to appear in accordance with the applicable deadlines and specifications, or you do not submit an objection in accordance with the applicable deadlines and specifications, you will waive all objections and can be barred from speaking at the Settlement Approval Hearings.

Note that you do not need to obtain intervenor status to object to the Settlement Agreement and present your observations to the Courts during the Approval Hearings.

Note that Québec Settlement Class members may seek permission from the Superior Court of Québec to intervene if the intervention is considered helpful to the Class. A Québec Settlement Class member who intervenes may be required to submit to a pre-trial examination at the request of the Defendants. A Settlement Class member who does not intervene may not be subject to a pre-trial examination unless the Court considers that it would be useful for its determination of the issues of law or fact to be dealt with collectively. It is not necessary to intervene to object to the Settlement Agreement (see above) or to attend the Approval Hearings. Québec Settlement Class members who choose to intervene and who wish to be represented by a lawyer will have to hire their own lawyer. Québec Settlement Class members are Settlement Class Members whose Subject Vehicles are identified based on reasonably available information from GM as having been first retail sold in Québec.

The Ontario Superior Court of Justice and the Superior Court of Québec will hold Settlement Approval Hearings to decide whether to approve the proposed Settlement Agreement. The Settlement Approval Hearings will be held as follows:

• The Ontario Superior Court of Justice will hold a Settlement Approval Hearing at 130 Queen Street West, Toronto, ON M5H 2N5 on Tuesday, July 30, 2024 at 10:00 a.m. (Eastern Time) (virtual only); and
• The Superior Court of Québec will hold a Settlement Approval hearing at the Montreal Courthouse, 1 Notre-Dame St. East, Montreal, Québec H2Y 1B6 on July 31, 2024 at 9.30 a.m. (Eastern Time) (virtual or in-person).

The Zoom link for the Ontario Superior Court of Justice's Settlement Approval Hearing is the following: https://ca01web.zoom.us/j/63783372984?pwd=K1NBUVVzd01LRng2dWNsb21mUlBzQT09, Meeting ID: 637 8337 2984, Passcode: 660027. 

To attend the Quebec's Settlement Approval Hearing: 

• To join the Microsoft Teams meeting
  • 1-581-319-2194 (paying number) 
  • 1-833-450-1741 (toll-free number)
  • Meeting ID: 559 596 749#
  • Conference Dial-In Numbers | Reset PIN | To know more about Microsoft Teams meeting | Meeting options
• To join via Video Conferencing
  • teams@teams.justice.gouv.qc.ca 
  • Conference ID: 1158898292
  • Instructions regarding the Video Conferencing

Please note that the date or location of either hearing may be changed without notice other than an update on the Settlement Website. Settlement Class Members are encouraged to visit this Settlement Website frequently or call 1-888-995-0291 for the most current information.

At these hearings, the Courts will consider whether the Settlement is fair, reasonable and in the best interests of the Settlement Class. Co-Lead Counsel will answer any questions the Courts may have about the Settlement. If there are objections, the Courts will consider them at the hearings. After the hearings, the Ontario Court will decide whether to approve the Settlement with respect to all Settlement Class Members other than those whose Subject Vehicles were released to an authorized GM dealership located in Québec for the first retail sale in Canada, and the Québec court will consider objections of Settlement Class Members whose Subject Vehicles were released to an authorized GM dealership located in Quebec for the first retail sale in Canada. There may be appeals after either Court's decision. There is no set timeline for either the Court's final approval decision, or for any appeals that may be brought from that decision, so it is impossible to know exactly when and if the Settlement will become Final and when the claims period will start. Please check this Settlement Website frequently. You may register your email and mailing address under the Register for Updates page above to ensure you receive notice of court approval and the claim deadline

No. Co-Lead Counsel will appear at both Settlement Approval Hearings in support of the Settlement and will answer any questions asked by the Courts. However, you are welcome to attend the hearings at your own expense, or though videoconferencing if the Settlement Approval Hearings are heard virtually.

If you object by sending an objection form, you do not have to come to court to talk about it. So long as you sent your objection form on time and complied with the other requirements for a proper objection set forth above, the appropriate Court will consider it. You may attend or you may pay your own lawyer to attend, but it is not required.

Yes. If you submitted a proper objection form, you or your lawyer may, at your own expense, come to the appropriate Settlement Approval Hearing and speak. If you owned or leased a Subject Vehicle that was identified based on reasonably available information as having been first retail sold in Québec and wish to address the Court in respect of your objection, then you will attend the hearing before the Québec Court, and if you owned or leased a Subject Vehicle that was identified based on reasonably available information as having been first retail sold outside of Québec and wish to address the Court in respect of your objection, then you will attend the hearing before the Ontario Court. You do not need to obtain intervenor status to object to the Settlement Agreement and present your observations to the Courts during the Approval Hearings.

You have the right to do nothing. If you do nothing, including not submitting a claim when the claims process begins, you will not get any Settlement benefits. In addition, you can no longer be part of a class action or any other lawsuits against the Released Parties involving the Released Claims in this Settlement. Specifically, after approval by both Courts is Final, the Settlement will prohibit you from suing or being part of any other lawsuit or claim against the Released Parties that relate to the subject matter of the Actions, Related Actions and the Recalls, including, but not limited to, those relating to the design, manufacturing, advertising, testing, marketing, functionality, servicing, sale, lease or resale of the Subject Vehicles. However, Settlement Class Members will not waive or release any individual claims they may have against the Released Parties for personal injury, wrongful death or actual physical property damage arising from an accident involving a Subject Vehicle. Get advice from your own lawyer about legal deadlines for individual lawsuits.

The Notice summarizes the proposed Settlement. For the precise terms and conditions of the Settlement, please see the Settlement Agreement, the Approval Orders, and any additional orders entered by the Courts pertaining to the Settlement, all of which are available (or will be available once entered by the Courts) under the Important Documents tab. If there is a conflict between the Notice and the Settlement Agreement, the Settlement Agreement applies.

You may obtain additional information by:

Calling the Settlement Phone Number: 1-888-995-0291

OR

Contacting Class Counsel:

Rochon Genova LLP
Attention: Jon Sloan
121 Richmond Street West
Suite #900
Toronto, ON M5H 2K1
jsloan@rochongenova.com
Tel: 1-800-462-3864 or local (416) 363-1867

Kim Spencer McPhee Barristers P.C.
Attention: Megan B. McPhee
1203-1200 Bay Street
Toronto, ON M5R 2A5
mbm@complexlaw.ca
Tel: (416) 596-1414