Court File and Parties

COURT FILE NO.: CV-14-497479-00CP DATE: 2020/08/07

ONTARIO SUPERIOR COURT OF JUSTICE

BETWEEN:

PETER SCOTT HARRIS Plaintiff

• and - BAYERISCHE MOTOREN WERKE AKTIENGESELLSCHAFT and BMW CANADA INC. Defendants

Counsel: Kathryn Podrebarac, Margaret L. Waddell and Tina Q. Yang for the Plaintiff

Proceeding under the Class Proceedings Act, 1992

HEARD: In writing

PERELL, J.

REASONS FOR DECISION

[1] Pursuant to the Class Proceedings Act, 1992 [1], the Plaintiff, Peter Scott Harris, sues Bayerische Motoren Werke Aktiengesellschaft and BMW Canada Inc. (collectively “BMW”). The action is on behalf of all persons or entities in Canada who are or were owners or lessees of certain Mini Cooper vehicles. Mr. Harris alleges that the vehicles had two safety risks arising from a defective power steering system. He alleges that the defective power steering system can cause: (a) a dangerous loss of power steering; or (b) a car fire. Mr. Harris brought a motion to have his action certified as a class action. I certified Mr. Harris’ action as a class action. [2]

[2] Mr. Harris now moves for an Order:

(a) approving the condensed, short-form, and long-form Notices of Certification (the Notices);

(b) approving the plaintiff’s plan for dissemination of the Notices (the Notice Plan), pursuant to s. 17 of the Class Proceedings Act, 1992, S.O. 1992, c. 6 (the CPA);

(c) that the costs associated with disseminating the Notices shall be paid by the plaintiff, and that the plaintiff may be reimbursed for such costs from the proceeds of any court-approved settlement made in favour of the Class;

(d) appointing RicePoint Administration Inc. as the Notice Administrator to perform the functions set out in the Notice Plan, including to arrange for the Notices to be translated into French, to receive opt-out elections, and to report to the Court and to the parties with respect to any opt-out elections it receives;

(e) that the defendants will produce to the Notice Administrator and to Class Counsel the Vehicle Identification Numbers of the Class Cars that are in the defendants’ records, within 30 days of the Court’s order;

(f) that the defendants will produce to the Notice Administrator and to Class Counsel a complete list of those Class Members who are identified in the defendants’ business records (the Class List), within 30 days of the Court’s order;

(g) that, as part of the Class List, the defendants shall provide to the Notice Administrator and to Class Counsel the Class Members’ last known mailing address, telephone number and email address, and shall identify whether the Class Member is a current or former owner or lessee of a Class Car;

(h) that Class Counsel and the Claims Administrator shall use the information provided pursuant to paragraphs e - g solely for the purpose of effecting notice of certification of this action as a class proceeding to the Class Members and for the prosecution of this class action, and that such uses of the Class Members’ personal information referred to herein do not breach the Class Members’ statutory or common law privacy rights;

(i) that the order constitutes an order compelling the production of the information outlined in paragraphs e - g by the defendants within the meaning of applicable privacy laws, and that the order satisfies the requirements of s. 7(3)(c) of the Personal Information Protection and Electronic Documents Act, S.C. 2000, c. 5;

(j) that compliance with the order meets any requirement under applicable privacy laws for the defendants to provide any notice to persons of disclosure of the information required in the order without consent;

(k) that the defendants are released from any and all obligations pursuant to any and all applicable privacy laws, including common law, statutes, and regulations in relation to the disclosure of personal information required by the order;

(l) that Class Members who wish to opt out of this action must do so by sending a completed and signed election to opt out, in a form acceptable to the Notice Administrator (the Opt-Out Form), by regular or electronic mail, by no later than 5:00 p.m. PST on the day 90 days from the date of the Court’s order (the Opt-Out Deadline);

(m) that any Opt-Out Forms sent by regular mail and postmarked after the Opt-Out Deadline, and or sent by email and time-stamped after the Opt-Out Deadline, shall be invalid, and shall not be accepted by the Notice Administrator;

(n) that any Class Member who has not validly opted out of this action will be bound by any determinations made by the Court in this action;

(o) that on or before the day 30 days from the Opt-Out Deadline, the Notice Administrator shall serve an affidavit on the plaintiff and defendants and file it with this Court, confirming that the terms of the Notice Plan have been fulfilled and reporting on the number of, and identity of, the individuals who have validly opted out of this action;

(p) that, within 30 days following the Notice Administrator’s service of the affidavit referred to in paragraph xv, the Notice Administrator and Class Counsel will remove the names and contact information of all individuals who have validly opted out of this action —and who are therefore no longer Class Members—from the Class List, and Class Counsel shall delete that personal information from their records;

(q) that no person may bring any action or take any proceeding against the defendants or the Claims Administrator or any of their respective past and current officers, directors, employees, parents, subsidiaries, agents, partners, associates, representatives, predecessors, successors, beneficiaries or assigns for any matter in any way relating to the implementation of the order; and

(r) an order that no information other than the Notices will be disseminated by the defendants regarding the class proceeding during the opt-out period, unless approved by Class Counsel and, failing the approval of Class Counsel, then as approved by the Court.

[3] RicePoint Administration Inc. consents to being appointed as the Notice Administrator and is qualified to act as such.

[4] The defendants do not oppose the relief sought.

[5] Having reviewed the motion material, I grant the Order sought, the form of which is attached to these Reasons for Decision as Schedule “A”.

[6] In the circumstances of the Covid-19 emergency, these Reasons for Decision are deemed to be an Order of the court that is operative and enforceable without any need for a signed or entered, formal, typed order.

[7] The parties may submit formal orders for signing and entry once the court re-opens; however, these Reasons for Decision are an effective and binding Order from the time of release.

Perell, J.

Released: August 7, 2020

SCHEDULE “A”

Court File No. CV-14-497479-00CP

ONTARIO SUPERIOR COURT OF JUSTICE

THE HONOURABLE ) DAY, THE JUSTICE PAUL M. PERELL ) DAY OF , 2020

B E T W E E N :

PETER SCOTT HARRIS Plaintiff

• and -

BAYERISCHE MOTOREN WERKE AKTIENGESELLSCHAFT and BMW CANADA INC. Defendants

ORDER (CERTIFICATION NOTICE APPROVAL)

THIS MOTION made by the plaintiff for an order approving the form and content of the notices of certification, appointing a notice administrator, and approving the method of dissemination of the notices of certification, was read this day at the courthouse at Osgoode Hall, 130 Queen Street West, Toronto, Ontario.

ON READING the plaintiff’s motion record, including the Affidavit of Margaret L. Waddell, sworn June 24, 2020;

AND ON BEING ADVISED that RicePoint Administration Inc. has consented to its appointment as the Notice Administrator, and on being advised that the defendants do not oppose the relief sought:

1. THIS COURT ORDERS that capitalized terms herein shall have the same meaning as in the Certification Order.

2. THIS COURT DECLARES that the form and content of the condensed, short-form, and long-form notices of certification (the Notices) attached as Schedules “A1”, “A2”, and “A3” to this order are hereby approved.

3. THIS COURT ORDERS AND DECLARES that the Notice Plan attached as Schedule “B” to this order is approved, and that the Notices shall be disseminated to the Class Members substantially in accordance with the Notice Plan.

4. THIS COURT ORDERS that the costs associated with the Notice Plan shall be paid by the plaintiff, and may be reimbursed from the proceeds of any court-approved settlement made in favour of the Class, and if paid from the proceeds of any settlement, then Class Counsel shall report to the Court the amount and timing of any such payment(s).

5. THIS COURT ORDERS AND DECLARES that RicePoint Administration Inc. is hereby appointed as the Notice Administrator as defined in the Notice Plan, to perform the functions set out therein, including to arrange for the Notices to be translated into French, to receive opt-out elections, and to report to the Court and to the parties with respect to any opt-out elections it receives.

6. THIS COURT ORDERS that, within 30 days of this Order, the defendants will provide to the Notice Administrator and to Class Counsel a complete list of all the vehicle identification numbers for the Class Cars that are in the defendants’ records.

7. THIS COURT ORDERS that, within 30 days of this Order, the defendants will provide to the Notice Administrator and to Class Counsel a complete list of those Class Members who are identified in the defendants’ business records (the Class List).

8. THIS COURT ORDERS that, as part of the Class List, the defendants shall provide to the Notice Administrator and to Class Counsel (a) the Class Member’s last-known mailing address, telephone number and email address contained in the defendants’ business records, and shall (b) identify whether its records indicate whether the Class Member is a current or former owner or lessee of a Class Car.

9. THIS COURT ORDERS that Class Counsel and the Claims Administrator shall use the information provided pursuant to paragraphs 6-8 of this order solely for the purpose of effecting notice of certification of this action as a class proceeding to the Class Members and for the prosecution of this class action.

10. THIS COURT ORDERS AND DECLARES that the uses of the Class Members’ personal information referred to herein do not breach the Class Members’ statutory or common law privacy rights.

11. THIS COURT ORDERS that this Order constitutes an order compelling the production of the information outlined in paragraphs 6-8 by the defendants within the meaning of applicable privacy laws, and that this Order satisfies the requirements of s. 7(3)(c) of the Personal Information Protection and Electronic Documents Act, S.C. 2000, c. 5.

12. THIS COURT ORDERS that compliance with this order meets any requirement under applicable privacy laws for the defendants to provide any notice to persons of disclosure of the information required in this Order without consent.

13. THIS COURT ORDERS that the defendants are released from any and all obligations pursuant to any and all applicable privacy laws, including common law, statutes, and regulations in relation to the disclosure of personal information required by this Order.

14. THIS COURT ORDERS that Class Members who wish to opt out of this action must do so by sending a signed election to opt out to the Notice Administrator, in a form acceptable to the Notice Administrator (the Opt-Out Form), by regular or electronic mail, by no later than 5:00 p.m. PST on the day 90 days from the date of this Order (the Opt-Out Deadline).

15. THIS COURT ORDERS that any Opt-Out Forms sent by regular mail and postmarked after the Opt-Out Deadline, and or sent by email and time-stamped after the Opt-Out Deadline, shall be invalid, and shall not be accepted by the Notice Administrator.

16. THIS COURT ORDERS that any Class Member who has not validly opted out of this action in accordance with paragraph 14 of this order will be bound by any determinations made by the Court in this action.

17. THIS COURT ORDERS that, on or before the day 30 days from the Opt-Out Deadline, the Notice Administrator shall serve an affidavit on the plaintiff and defendants and file it with this Court, confirming that the terms of the Notice Plan have been fulfilled and reporting on the number of, and identity of, the individuals who have validly opted out of this action.

18. THIS COURT ORDERS that, within 30 days following the Notice Administrator’s service of the affidavit referred to in paragraph 17 of this order, the Notice Administrator and Class Counsel will remove the names and contact information of all individuals who have validly opted out of this class action—and who are therefore no longer Class Members—from the Class List, and Class Counsel shall delete that personal information from their records.

19. THIS COURT ORDERS AND DECLARES that no person may bring any action or take any proceeding against the defendants or the Notice Administrator or any of their respective past and current officers, directors, employees, parents, subsidiaries, agents, partners, associates, representatives, predecessors, successors, beneficiaries or assigns for any matter in any way relating to the implementation of this Order.

20. THIS COURT ORDERS that no information regarding the class proceeding other than the Notices will be disseminated by the defendants during the opt-out period, unless approved by Class Counsel and, failing the approval of Class Counsel, then as approved by the Court.

JUSTICE PAUL M. PERELL

SCHEDULES "A-1", "A-2" and "A-3" (Condensed)

What do I need to do now?

If you are a Class Member and you want to participate in the lawsuit, then you do not have to do anything at this stage. The action will now be progressing through the necessary stages to get ready for a trial.

• Please ensure that RicePoint Administration Inc. and Class Counsel have your up-to-date contact information, so they can provide you with updates as the case progresses.
• If you have already paid for repairs to the power steering system in your Class Car, then you should locate a copy of the repair invoice(s), or obtain a copy from your mechanic. Do not send the invoice(s) to the Notice Administrator or Class Counsel at this time.
• Check www.minicooperclassaction.ca from time to time for updates on the progress of the action.

There is NO PAYMENT necessary to participate in the class action. Class Counsel will only be paid if this action succeeds at trial or if there is a settlement. The representative plaintiff has entered into a retainer agreement that provides for a contingency legal fee of up to 25% of the total amount recovered. But no legal fees are payable unless a settlement or a judgment is achieved for the Class. The amount of the legal fees then have to be approved by the court.

The representative plaintiff has also received financial support for this class action from the Ontario Class Proceedings Fund. The Fund will indemnify the plaintiff for any adverse court cost awards, and it is paying for many of the disbursements that are being incurred to prosecute the case, such as expert fees and examiner expenses. In exchange for its support, the Fund will be paid a levy of 10% of the net proceeds of any judgment or settlement, and will be reimbursed the disbursements that it has paid.

This notice was approved by the Ontario Superior Court of Justice. It is a summary of the terms of the certification order. If there is a conflict between the provisions of this notice and the terms of the certification order, the certification order prevails.

Long Form

1. Notice of Certification of a Class Action

This notice is for all persons or entities in Canada who are or were owners or lessees of:

i) a 2002, 2003, 2004, 2005, or 2006 model year MINI Cooper or MINI Cooper S vehicle; or ii) a 2005, 2006, 2007, or 2008 model year MINI Cooper Convertible or MINI Cooper S Convertible (the “Class Cars”),

and their estates, executors, successors or assigns (the “Class” or “Class Members”).

A class action has been certified by the Ontario Superior Court of Justice against BMW Canada Inc. and its parent company BMW AG (together “BMW”). This class action is called: Peter Scott Harris v. Bayerische Motoren Werke Aktiengesellschaft and BMW Canada Inc., Court File No. CV-14-497479-00CP (the “Action”).

The Action claims that there are dangerous defects in the Class Car’s power steering system that can cause the vehicles to lose power steering assist. The Action claims that in some cases, the alleged defects can result in car fires.

BMW denies that the Class Cars have dangerous defects, and denies that the Class Cars present any risk of loss of control or car fires.

The Action seeks to recover the costs that Class Members have paid out-of-pocket to have the allegedly power steering system repaired, or for the cost to have any repairs which may be required done now. It also seeks to recover any other losses that Class Members have incurred for personal injuries or property damage caused by the allegedly defective power steering system, as well as punitive damages.

LEGAL RIGHTS AND OPTIONS IN THIS LAWSUIT

DO NOTHING - Stay in the lawsuit

If you do nothing, you will automatically be included as a member of the Class. You do not need to take any further action now to stay in the lawsuit. As a class member, you will be bound by any judgment on the common issues or any court-approved settlement.

By doing nothing, you are choosing to stay in the lawsuit. You will keep your right to share in possible money or other benefits that may come from the trial or a possible settlement, however, you will also be bound by any negative results. You are giving up the right to sue BMW on your own regarding the allegedly defective power steering systems in the Class Cars.

OPT OUT - Remove yourself from the lawsuit

If you choose to opt out of the class action, then you will not be bound by any court orders in the proceeding. This means that you will get no money or benefits if the action succeeds or a settlement is negotiated. This also means that you will not be bound by any negative results. If you exclude yourself, you keep the right to sue BMW on your own regarding the allegedly defective power steering system in the Class Cars. If you intend to opt out and sue BMW on your own, you should be aware that there may be limitation periods that apply to your claim, and the time within which an action may be started. You should consult a lawyer to obtain advice about your rights to bring an individual action before you opt out.

Your rights and options are explained in this notice.

THIS NOTICE CONTAINS:

BASIC INFORMATION

1. Why did I get this notice?
2. What is a class action?

THE CLAIMS IN THE LAWSUIT

3. What does the lawsuit complain about?
4. How do the Defendants answer these allegations?
5. Has the Court decided who is right?
6. What is the Plaintiff asking for?
7. What are the Common Issues?
8. Is there any money available now?

WHO IS INCLUDED IN THE LAWSUIT

9. How do I know if I am part of this class action?
10. What do I do if I am not sure if I am included?

RIGHTS AND OPTIONS FOR POTENTIAL CLASS MEMBERS

11. What happens if I do nothing?

12. What happens if I exclude myself?

13. If I don’t exclude myself, can I sue later?

14. How do I ask to be excluded?

THE LAWYERS IN THE CASE

15. Do I have a lawyer?
16. How will the lawyers be paid?
17. Are there any other payments to be made from a judgment or settlement?

THE TRIAL

18. How and when will the Court decide who is right?
19. Do I have to come to the trial?
20. Will I get money after the trial?

GETTING MORE INFORMATION

21. How do I get more information about the lawsuit?

EXCLUSION (OPT-OUT) REQUEST FORM

BASIC INFORMATION

Why did I get this notice?

The Ontario Superior Court of Justice authorized this notice to let you know that it has allowed, or “certified”, a class action lawsuit that may affect your rights. The lawsuit is known as: Harris v. Bayerische Motoren Werke Aktiengesellschaft and BMW Canada. Bayerische Motoren Werke Aktiengesellschaft (“BMW AG”) and BMW Canada Inc. are the defendants. BMW AG is the parent company of BMW Canada Inc.

The Ontario Superior Court has allowed this action to be prosecuted as a class action. This is called “certification”. If the action is not settled, there will be a trial to decide certain “common issues” that relate to the Plaintiff’s claims that the Defendants acted in a manner that caused harm to the members of the Class.

A copy of the Court’s Reasons for Decision approving the action as a class proceeding can be viewed at www.minicooperclassaction.ca or www.miniclassaction.ca under the Documents tab.

Assuming that there is a common issues trial, and that the issues are decided in favour of the Class, but the court is not able to assess all of the Class’ losses, there may then be a process to determine the amount of damages to which each Class Member is entitled. If that happens, each Class Member can decide whether they wish to participate in the process to claim for their own losses.

If you meet the Class definition, you will be bound by the Court’s decisions as the case proceeds to the end of the common issues trial. You will also be bound by any settlement that is approved by the Court.

What is a class action?

In a class action, one or more people called “Representative Plaintiff(s)” (in this case, Peter Scott Harris) sue on behalf of people who have similar claims (in this case, the people who own(ed) or lease(d) the allegedly defective MINI Cooper vehicles). Together, all of these people are called a “Class” or “Class Members.” The allegedly defective MINI Cooper vehicles are referred to as the “Class Cars”. One court will resolve the issues that are the same for everyone affected (known as the “common issues”) at a common issues trial. The Court’s decision will bind everyone in the Class, except for those who exclude themselves from the class action.

THE CLAIMS IN THIS LAWSUIT

What does this lawsuit complain about?

The Action alleges that the Defendants breached their of duty of care owed to the Class through allegedly negligent design and manufacture of the Class Cars’ power steering system, and that the Defendants breached their duty to warn about the alleged defects.

A copy of the Fresh as Amended Statement of Claim can be viewed on Class Counsel’s website at www.minicooperclassaction.ca or www.miniclassaction.ca under the Documents tab.

How do the Defendants answer these allegations?

The Defendants have denied that they are liable to the Class, and that they have breached any duty owed to the Class. They argue, among other things, that they were not negligent in any respect, the alleged defects in the power steering system in the Class Cars do not present any risk of harm to people or property, and they previously provided all owners and lessees of the Class Cars with an extended multi-year warranty for the power steering system in the Class Cars. A copy of the Fresh as Amended Statement of Defence can be viewed on Class Counsel’s website at www.minicooperclassaction.ca or www.miniclassaction.ca under the Documents tab.

Has the Court decided who is right?

No decision about whether the Plaintiff or the Defendants are right has been made. This will be decided at the common issues trial. The trial will not take place for some time. Updates about the status of the action will be posted on Class Counsel’s website www.minicooperclassaction.ca or www.miniclassaction.ca.

What is the Plaintiff asking for?

The Action seeks payment to the Class Members for the cost of repairs to the Class Cars that they have already paid out-of-pocket, or the cost to repair the alleged defects, if they have not already been repaired. It also seeks compensation for the Class for any property damage or personal injury that any Class Members has incurred which was caused by the allegedly defective power steering system, punitive damages, and interest.

The details of the specific claims are set out in the Fresh as Amended Statement of Claim (see link at #3, above).

What are the Common Issues?

The Certification Order sets out all the common issues that have been certified by the court. They are:

a. Were the Class Cars designed and manufactured by Bayerische Motoren Werke Aktiengesellschaft (BMW AG) with one or more design or manufacturing defects that can cause the loss of power steering assist, engine component melting or smouldering, and/or a vehicle fire (a Defect)? b. If the answer to Common Issue #1 is yes, is any such Defect dangerous and/or does any such Defect render the Class Cars unfit for their intended purpose? c. If the answer to Common Issue #2 is yes, when did the Defendants know or ought they to have known of the dangerous Defect(s)? d. Did BMW AG owe a duty of care to the Class Members with respect to the design, manufacturing, and/or testing of the Class Cars? e. If so, did BMW AG breach the standard of care owed to Class Members in respect of the design, manufacturing, and/or testing of the Class Cars? f. Did BMW Canada, Inc. (BMW Canada) owe a duty of care to the Class Members with respect to the distribution of the Class Cars? g. If so, did BMW Canada breach the standard of care owed to the Class Members by distributing the Class Cars containing a dangerous Defect? h. Did the Defendants, or either one thereof, owe a duty of care to (i) warn the Class Members of the dangerous Defect(s), and/or (ii) to recall and repair the Class Cars? i. If so, did either or both of the Defendants breach the relevant standard of care by (i) failing to warn the Class Members of the dangerous Defect(s), and/or (ii) failing to recall and repair the Class Cars? j. Can the Class Members assert a claim for pure economic loss, including the cost of repairs to the Class Cars, and diminution in value of the Class Cars? k. If the answer to Common Issue #10 is yes, what is the cost to repair the Defect(s)? l. Can the Class Members elect to waive the tort and seek disgorgement of the profits earned by the Defendants on the Class Cars? If so, what is the amount of such profit? m. Does the conduct of the Defendants, or either one thereof, warrant an award of punitive damages? If so, in what amount?

These are the issues that will be decided at the common issues trial. The certification order can be viewed on Class Counsel’s website at www.minicooperclassaction.ca or www.miniclassaction.ca under the Documents tab.

Is there any money available now?

No. There is no money available now because the Court has not yet decided whether the defendants did anything wrong. There is no guarantee that the Action will be successful for the Class; however, if money becomes payable, you will be notified about how to ask for a share.

WHO IS INCLUDED IN THE LAWSUIT

How do I know if I am part of this class action?

You are a part of this class action if you are or were an owner or lessee of:

i) a 2002, 2003, 2004, 2005, or 2006 model year MINI Cooper or MINI Cooper S; or ii) a 2005, 2006, 2007, or 2008 model year MINI Cooper Convertible or MINI Cooper S Convertible;

or if you are such a person’s executor, successor or assign.

What do I do if I am not sure if I am included in the Class?

If you are still not sure whether you are included in the Class, you may call Waddell Phillips PC at 1-800-430-3107 or email reception@waddellphillips.ca with questions. A confidential inquiry can also be made by completing the form at https://waddellphillips.ca/class-actions/mini-cooper-power-steering-class-action/

RIGHTS AND OPTIONS FOR CLASS MEMBERS

What happens if I do nothing?

If you do nothing, then you will automatically be included in the class action as a Class Member. You will be legally bound by all orders and judgments of the Court. This means that if a judgment is made by the Court, or if a settlement is reached between the parties, and the settlement is approved by the Court, you are bound by the result.

You will not be able to start or continue with a lawsuit against BMW about the same legal claims that are included in this Action. If the Class gets money or benefits from BMW as a result of a judgment or a settlement between the parties, you will be notified about how to ask for a share or what your options are at that time.

What happens if I exclude myself/opt out?

You can exclude yourself by a process known as “opting out”. If you opt out, you will not be able to get any money or benefits from this Action if a judgment is granted or a settlement is reached. But, if you exclude yourself, you may sue BMW on your own. You will not be bound by anything that happens in this Action.

To exclude yourself (opt out) of the Action, follow the instructions at # 14, below.

If I don’t exclude myself, can I sue later?

No. Unless you exclude yourself, you give up the right to sue BMW for the legal claims in this Action. You must opt out from this lawsuit if you want to start your own lawsuit about defects in the power steering system in the Class Cars.

The deadline to opt out/exclude yourself is [OPT-OUT DEADLINE].

How do I exclude myself from the Class Action?

To exclude yourself, you must send a completed, signed copy of the Opt-Out Form at page 10 of this Notice to the Notice Administrator. The Opt-Out Form is also available for download at www.minicooperclassaction.ca or www.miniclassaction.ca under the documents tab, and is also at the end of this Notice. You may also send a letter or email to the Notice Administrator, including your name, address, the year, make and model of your Mini Cooper, along with its VIN (if available), which clearly states that you are opting out of the Harris v. BMW (Mini Cooper) class action.

If you mail your Opt-Out form or letter, it must be postmarked by [opt out deadline]. If you email your Opt-Out form or email message, it must be time-stamped as having been sent by [opt out deadline at 5 p.m. PST].

Opt Out forms are to be sent to:

MINI Cooper Power Steering Class Action [Notice Administrator’s address/email]

Deadline for Opting Out:

No opt out forms or requests to opt out will be accepted after 5 p.m. PST on [opt out deadline]. If you have not excluded yourself from the action by that date and time, you will automatically be included in the Action as a Class Member, and you may not exclude yourself thereafter.

Who represents me?

Class Counsel are two law firms: Waddell Phillips Professional Corporation of Toronto, Ontario; and Podrebarac Barristers Professional Corporation of Toronto, Ontario. Class Counsel are the Plaintiff’s lawyers, and are prosecuting the action for the benefit of the Class as a whole. Class Counsel are experienced in handling similar cases.

More information about Waddell Phillips Professional Corporation, their practices, and their lawyers’ experience is available at www.waddellphillips.ca.

More information about Podrebarac Barristers Professional Corporation, their practices, and their lawyers’ experience is available at www.podrebaracbarristers.com.

How will the lawyers be paid?

Class Counsel have been retained by the plaintiff on a contingency fee basis. If Class Counsel gets money for the Class, they will ask the Court to approve payment of their fees and expenses from the amount to be paid to the Class. The fee request will not exceed 25% of the money recovered. If the Court grants their request, the fees and expenses will either be deducted from any money obtained for the Class or paid separately by the Defendants. You will not have to pay any of these fees and expenses personally out-of-pocket. Class Counsel do not get paid any fees until and unless the Court approves the amount to be paid.

The representative plaintiff has also received financial support for this class action from the Ontario Class Proceedings Fund. The Fund will indemnify the plaintiff for any adverse court cost awards, and it is paying for many of the disbursements that are being incurred to prosecute the case, such as experts’ fees and examiner expenses. In exchange for its support, the Fund will be paid a levy of 10% of the net proceeds of any judgment or settlement, and be repaid the disbursements that it has paid.

THE TRIAL

How and when will the Court decide who is right?

Unless the action is resolved by a settlement, the Plaintiff will have to prove his claims at a common issues trial. During the trial, a judge will hear all of the evidence against the Defendants, as well as all the Defendants’ evidence about why they should not be held responsible for the claims made against them. The judge will then decide the common issues, set out above at # 7.

The common issues trial is still a long way off in the future. Before then, the parties will go through the usual steps in the litigation process, including an exchange of relevant documents, and examinations for discovery (depositions). Expert witnesses will be retained and there will be exchanges of their reports. Given the backlog in the civil courts, if there is no settlement, it could be several years before the common issues trial is heard by the court.

Do I have to come to the trial?

No. You do not need to attend the common issues trial. Class Counsel will present the case for the Plaintiff, and the Defendants’ lawyers will present their defences. You are welcome to watch any part of the trial, or any court hearings before the trial, but you don’t have to. If you wish to participate as a witness at the common issues trial, you should contact Class Counsel and they will discuss that option with you.

Will I get money after the trial?

If the Plaintiff succeeds at the trial or if a settlement is approved by the court, you will be notified about how to ask for a share of the proceeds.

Based on the common issues that were allowed by the Court, it is possible that each Class Member will have to prove their entitlement to receive a payment individually after the common issues are decided, if the court is unable to make a determination of the Class’ damages on an aggregate basis.

If losses have to be proven individually after the common issues trial, you will get a notice that explains what you need to do to prove your entitlement to compensation.

GETTING MORE INFORMATION

How do I get more information about the lawsuit?

This notice summarizes the lawsuit. More details are in the Fresh as Amended Statement of Claim and in the Certification Order, which can be viewed at www.minicooperclassaction.ca or www.miniclassaction.ca

You may send questions to Class Counsel at:

Waddell Phillips Professional Corporation Barristers 36 Toronto Street, Suite 1120 Toronto ON M5C 2C5 reception@waddellphillips.ca 1-800-430-3107 (toll-free)

Podrebarac Barristers Professional Corporation 100 King Street West, Suite 5600 Toronto ON M5X 1C9 kp@toughcounsel.com 416-568-1299

You may also fill in the confidential inquiry form on Class Counsel’s website at www.minicooperclassaction.ca or www.miniclassaction.ca

This notice was approved by the Ontario Superior Court of Justice. It is a summary of the terms of the certification order. If there is a conflict between the provisions of this notice and the terms of the certification order, the certification order prevails.

EXCLUSION REQUEST (OPT-OUT) FORM

(a) I currently own or lease, or in the past I have owned or leased a Class Car.

My name is:

My address is: (street address, town/city, province, postal code) (email address – optional)

The vehicle identification number of my Class Car (if known):

The year and model of my Class Car is/was:

I want to be EXCLUDED from the MINI Cooper Power Steering Class Action Lawsuit (Peter Scott Harris v. Bayerische Motoren Werke Aktiengesellschaft and BMW Canada Inc., Court File No. CV-14-497479-00CP).

(b) I understand that if I exclude myself, I will not be able to get any money or benefits from this Action if it is successful at trial or by way of settlement. I will not be bound by any Court orders in the class action. I will keep any rights I may have to sue BMW on my own about the claims in this case. I understand that I have been advised to receive independent legal advice before signing this opt out form and that I also have been advised that I can discuss the consequences of opting out with Class Counsel, at no cost to me.

Signature Date

If you want to be excluded, mail, or email this form, postmarked by DATE, to: [Notice Administrator]

DO NOT SEND THIS FORM IF YOU WANT TO STAY IN THE ACTION

QUESTIONS? Call 1-800-430-3107 (toll-free) or visit www.minicooperclassaction.ca or www.miniclassaction.ca

SCHEDULE "B"

PLAINTIFF’S CERTIFICATION NOTICE PLAN

The plaintiff’s certification notice plan, pursuant to s. 17 of the Class Proceedings Act, 1992, S.O. 1992, c. 6, is set out below.

1. Class Counsel has retained RicePoint Administration Inc. (the Notice Administrator) to be the notice administrator, subject to receiving the Court’s approval.

2. The Notice Administrator will arrange for the condensed, short-form, and long-form notices of certification (collectively, the Notices) to be translated into French.

3. The plaintiff will bring a motion for an order compelling the defendants to produce to Class Counsel and the Notice Administrator the Vehicle Identification Numbers of the Class Cars, and the names and last-known contact information (including mail, telephone and email address) of all Class Members identified in the defendants’ business records, which may be provided in a password-protected Excel spreadsheet (the Class List). The Claims Administrator will update the Class List to incorporate any other individuals who have previously identified themselves to Class Counsel as putative Class Members and provided their contact information to Class Counsel.

4. Upon receipt of the Class List from the defendants, the Notice Administrator will update the last-known contact information for the Class using appropriate software.

5. The Claims Administrator may revise or reformat the Notices as it deems advisable to best communicate the content of the Notices to the Class, so long as the content remains substantially the same as the content approved by the court.

6. Upon receipt of the Class List from the defendants, the Notice Administrator will email or, where no valid email address exists, mail the short-form Notice to the updated Class List. Both French and English notices will be mailed and/or emailed to addresses in Quebec and New Brunswick. French notices will be provide to any other Class Members who request a copy.

7. The Notice Administrator will publish the condensed Notice in English as an online advertisement through Postmedia Solutions in all their national and community-based media, and in French in La Presse +.

8. Class Counsel have a dedicated webpage for this class action, on which Class Counsel posts current information and key court documents. This webpage is accessible via the URLs www.waddellphillips.ca, www.miniclassaction.ca, www.minicooperclassaction.ca, and www.minicooperclassaction.com. The short-form and long-form Notices will be posted on this webpage in English and French, along with a narrative advising of the certification of the action and explaining its import.

9. Class Counsel’s website includes a confidential portal through which Class Members can send messages directly to Class Counsel. Class Members can also email or telephone Class Counsel directly. Class Counsel has a toll-free number available for Class Members to contact them by telephone. Class Counsel has returned, and will continue to return, all communications from Class Members promptly, and will provide copies of the Notices or other court documents to any Class Members who request copies.

10. The Notice Administrator will establish a dedicated webpage for this class action, on which it will post current information and key court documents about this class action, including the short-form and long-form Notices. The website will also include information about how to contact both Class Counsel and the Notice Administrator.

11. Class Counsel will post a link to the short-form Notice on their LinkedIn and Twitter accounts.

12. Class Counsel will publish a national press release in English and in French, advising of the certification of the action as a class proceeding, and include a link to www.minicooperclassaction.ca, if permitted.

13. Class Counsel will post the condensed Notice in MINI Cooper online discussion forums, as permitted by the forums.

14. Following the completion of the opt-out period, the Notice Administrator and Class Counsel will remove the names of all individuals who have validly opted out from this class action—and who are therefore no longer Class Members—from the Class List, and shall delete their personal information.

15. Class Counsel shall use the information respecting Class Members solely for the purpose of effecting notice of certification of this action as a class proceeding and for the prosecution of this class action.

June 24, 2020

PODREBARAC BARRISTERS 402-1246 Yonge Street Toronto, ON M4T 1W7 Tel: 416.568.1299 Kathryn Podrebarac (LSO #: 35640P) kp@podrebaracmediation.com

WADDELL PHILLIPS PROFESSIONAL CORPORATION 36 Toronto Street, Suite 1120 Toronto, ON M5C 2C5 Tel: 647.261.4486 Fax: 416.477.1657 Margaret L. Waddell (LSO #: 29860U) marg@waddellphillips.ca Tina Q. Yang (LSO #: 60010N) tina@waddellphillips.ca Class Counsel

COURT FILE NO.: CV-14-497479-00CP DATE: 2020/08/07

ONTARIO SUPERIOR COURT OF JUSTICE

BETWEEN:

PETER SCOTT HARRIS Plaintiff

• and - BAYERISCHE MOTOREN WERKE AKTIENGESELLSCHAFT and BMW CANADA INC. Defendants

REASONS FOR DECISION

PERELL J.

Released: August 7, 2020

Footnotes

[1] S.O. 1992, c. 6. [2] Harris v. Bayerische Motoren Werke Aktiengesellschaft, 2020 ONSC 1647.