12/13/2023
$50 with proof of purchase
$12 without proof of purchase
$3 million
Read this notice carefully as it may affect your legal rights
TAKE NOTICE that a securities class action against Bombardier Inc., and two of its former officers, Alain Bellemare and John Di Bert, (collectively, “Defendants”) was authorized on May 24th, 2024, by the Superior Court of Québec, in the Court file No. 500-06-000977-195 (“Class Action”). The Class Action is on behalf of:
All persons and entities who acquired or purchased Bombardier’s securities during the period spanning from August 2, 2018, to November 8, 2018, inclusively, and held all or some of these securities until November 8, 2018 inclusively; (“Class” and “Class Members”).
The Court has appointed Denis Gauthier as representative plaintiff for the Class. FAGUY & CO. BARRISTERS & SOLICITORS INC. acts as legal counsel on behalf of the representative plaintiff and the Class Members (“Class Counsel”).
This authorization is a preliminary step that allows the Class Action to commence. The merits of the claims in the Class Action, or the allegations of fact on which the claims are based, have not been determined by the Court. The Defendants dispute the claims asserted against them and deny any allegation of wrongdoing made by the plaintiff in the Class Action.
The Class Action asserts that Bombardier Inc. (“Bombardier”) released documents containing false and misleading information relating to its 2018 free cash flow guidance. It is alleged that when the misrepresentations and omissions of fact were publicly corrected, Bombardier’s securities dropped significantly in value causing the Class Members damages. At paragraph 327 of the authorization judgment, the Court has identified the issues that will be dealt with collectively and the conclusions sought.
Class Members who want to participate in the Class Action are automatically included, no action is required on your part at this time.
Class Members are not responsible for paying any legal fees or costs.
Class Members who do not take any action will be part of the Class Action and will be bound by any judgment rendered in this Class Action. If you opt-out, you will not be entitled to any compensation if a favourable judgment or settlement is reached in the Class Action.
If you wish to opt-out of the Class Action, you must complete and sign the opt-out form available on Class Counsel’s website at: https://www.faguyco.com/class-actions/bombardier.
If you opt-out of the Class Action and wish to pursue a claim, you will be required to represent yourself or retain a lawyer to do so, at your own expense.
To validly opt-out, you must complete and return the opt-out form with supporting documentation no later than October 31, 2024 to both the court Clerk and the Class Action opt-out administrator Concilia Services Inc. at:
MONTREAL COURT HOUSE
Clerk of the Superior Court of Québec
Court File No. 500-06-000977-195
1, Notre-Dame Street East
Montréal (QC) H2Y 1B6
– and –
CONCILIA SERVICES INC.
Bombardier Class Action Opt-Out Administrator
5900 Andover Ave., suite 1,
Montréal (QC) H4T 1H5
bombardier@conciliainc.com.
If you comply with the above opt-out procedure within the deadline, you will not be bound by any judgments rendered in the Class Action.
Class Counsel is conducting the litigation on a contingency fee basis. In the event of success in the Class Action, Class Counsel will make a motion to the Court to have their fees and disbursements approved.
As a Class Member, you will not be required to pay any legal fees or costs in the event that the Class Action is unsuccessful.
A Class Member may apply to the Court to intervene in the Class Action, at his or her own expense. The Court will allow the intervention if it concludes it is in the interests of the Class.
Questions relating to the Class Action may be directed to Class Counsel at:
FAGUY & CO. BARRISTERS & SOLICITORS INC.
329 de la Commune Street West., suite 200
Montréal, (QC) H2Y 2E1
Tel: 514.285.8100, ext. 225
Email: classactions@faguyco.com.
The authorization judgment, and other relevant information in English and French, can be found on Class Counsel’s website at: https://www.faguyco.com/class-actions/bombardier.
Information on the Class Action can also be found on the website of the Québec Registry of class actions at: https://www.registredesactionscollectives.quebec/en.
Please deliver this notice by email to your clients who purchased Bombardier’s securities during the class period and for whom you have a valid email. If a client’s email address is unknown, you may forward this notice by regular mail instead. Brokerage firms may cumulatively request up to fifteen thousand dollars ($15,000) in total for the expenses relating to the dissemination of the notice of authorization to beneficial owners. The maximum payment that a broker is eligible to receive for disseminating the notice of authorization will be capped at seven hundred and fifty dollars ($750) or five percent (5%) of the allocated $15,000, and subject to a pro rata payment.
The publication of this notice was authorized by the Superior Court of Québec.
Please visit the webpage dedicated to this class action on the class counsel’s website: https://www.lexgroup.ca/classaction/mgm-resorts-international-data-breach-quebec-class-action/ or contact the class counsel at the following coordinates (your name and any information provided will be kept confidential):
FAGUY & CO. BARRISTERS & SOLICITORS INC.
329 de la Commune Street West., suite 200
Montréal, (QC) H2Y 2E1
Tel: 514.285.8100, ext. 225
Email: classactions@faguyco.com.
For assistance, you may contact the Claims Administrator or class counsel: