COURT FILE NO.: CV-17-573786-00CP

DATE: 2020/09/17

ONTARIO

SUPERIOR COURT OF JUSTICE

BETWEEN:

ISTVAN REZMUVES, ERNO PONGO, ISTVAN HORVATH, RENATA GALAMB and SAMUEL HORVATH

Plaintiffs

• and -

VIKTOR SERHEY HOHOTS, JOSEPH STEPHEN FARKAS and THE ESTATE OF ERZSEBET JASZI

Defendants

Sean A. Brown, Candace Mak, Jean-Claude Rioux, and Christopher Lupis for the Plaintiffs

Ian S. Epstein for the Defendant Viktor Serhey Hohots

Scott Hutchinson for the Defendant Joseph Stephen Farkas

Sandra Barton and Josh Hanet for the Defendant Erzsebet Jaszi

Proceeding under the Class Proceedings Act, 1992

HEARD: September 11, 2020

PERELL, J.

REASONS FOR DECISION

A. Introduction

[1] Pursuant to the Class Proceedings Act, 1992,[^1] before the Court is a motion for the approval of a settlement in three class actions that were consolidated and certified as class proceedings for settlement purposes[^2] and for approval of Class Counsels’ fee and for incidental relief. The actions are against lawyers for professional negligence. The Defendants are Viktor Serhey Hohots, Joseph Stephen Farkas, and the Estate of Erzsebet Jazsi.

[2] Messrs. Hohots and Farkas and Ms. Jazsi practised immigration and refugee law from January 1, 2009 through December 31, 2013. The Plaintiffs Istvan Remuves, Erno Pongo, and Istvan Horvath were clients of Mr. Hohots. The Plaintiff Renata Galamb was a client of Mr. Farkas, and the Plaintiff Samuel Horvath was a client of the late Ms. Jaszi.

[3] The Plaintiffs alleged that the Defendants were professionally negligent and in breach of their fiduciary duties in representing their clients who were Roma refugee claimants fleeing the assaults of a far-right organization in Hungary known as the Hungarian Guard. The clients’ applications for refugee protection failed or did not proceed.

[4] Class Counsel is Flaherty McCarthy LLP.

[5] The Class Definition is:

All refugee claimants (on their own behalf and on behalf of their spouse, children, grandchildren, parents, grandparents, siblings or dependents):

(a) who came to Canada from Hungary, and

(b) who retained either of Viktor Serhey Hohots, Joseph Stephen Farkas and Erzsebet Jaszi (now deceased) between January 1, 2009 through December 31, 2013, to make a refugee application, and

(c) whose refugee claim failed or did not proceed while they were represented by either of Viktor Serhey Hohots, Joseph Stephen Farkas and Erzsebet Jaszi (now deceased).

[6] The Common Issues are:

1. Did the Defendant owe a duty of care to the Plaintiffs and Class Members?

2. Did the Defendant breach his or her duty of care to the Plaintiffs and Class Members?

3. Did the Defendant owe a fiduciary duty to the Plaintiffs and Class Members?

[7] After several years of negotiations, the Plaintiffs and the Defendants finalized an agreement to settle the class actions.

B. Facts

[8] The facts of each of the Plaintiffs’ individual claims are similar. Indeed, one might say the facts are typical of what happened to the Class Members, all of whom were fleeing from danger to them and their families in Hungary to seek refugee status in Canada and all of whom retained one of the Defendants as their representative to make a refugee application. Those applications, however, either failed or did not proceed while the Class Member was represented by a Defendant.

[9] Mr. Rezmuves is of Roma ethnicity. He was born in Hungary. He suffered verbal and physical assaults, mostly in 2009 and 2010, at the hands of a far-right organization called the Hungarian Guard. The situation became life-threatening, and Mr. Rezmuves and his family fled to Canada as refugee claimants. On January 21, 2011, Mr. Rezmuves arrived alone at the Toronto Pearson Airport. He could not speak or read English. He said the word “refugee”. At the airport, Mr. Rezmuves received a package with a Personal Information Form (PIF), which provided information about refugee claims. Later, Mr. Rezmuves was told by other members of the Roma community that a Jozsef Sarkozi could help him with his refugee claim. Mr. Rezmuves went to the Defendant Hohots’ law office where he met Mr. Sarkozi. He gave Mr. Sarkozi the PIF. Mr. Rezmuves never met Mr. Hohots. Mr. Sarkozi told Mr. Rezmuves that he was working with a “big lawyer”, and that they would fill out the PIF for him. On April 5, 2011, the rest of Mr. Rezmuves’ family arrived in Toronto. Mr. Rezmuves gave his family’s PIF packages to Mr. Sarkozi. Mr. Rezmuves never saw Mr. Sarkozi again. Neither Mr. Sarkozi nor any member of Mr. Hohots’ office ever interviewed Mr. Rezmuves or his family about why they were coming to Canada from Hungary. Mr. Rezmuves’ and his family’s refugee hearing took place in spring of 2012. At the hearing, Mr. Rezmuves told the Immigration Board why he was seeking refugee status. The hearing officer told Mr. Rezmuves’ wife that the story set out in their paperwork was different from the story they were telling the Board. In June 2012, Mr. Rezmuves learned that the Board had rejected the refugee claims because they were not credible.

[10] Class Counsel entered into a contingency fee agreement with the Plaintiffs. The agreements entitle Class Counsel to 30% of any amounts recovered in the class proceedings. Class Counsel agreed to indemnify the Plaintiffs from any adverse cost award as part of the retainer.

[11] As noted above, in three separate actions, Istvan Rezmuves, Erno Pongo, Istvan Horvath, Renata Galamb, and Samuel Horvath retained Flaherty McCarthy LLP to sue the Defendants for professional negligence.

[12] The action against Mr. Hohots was supported by the Class Proceedings Fund.

[13] After lengthy negotiations, the parties agreed to a settlement in principle and on August 20, 2019, I consolidated the actions and certified the actions as a class proceeding for settlement purposes.

[14] Class Counsel prepared English and Hungarian versions of (1) the Settlement Agreement, (2) the Long Form Notice, (3) the Opt-Out Form and (4) Objection Form. Class Counsel published these documents on www.refugeeclassaction.com, a website created and maintained by Class Counsel as a method of providing information to Class Members.

[15] On July 23, 2020, Class Counsel published a Post on the Roma Refugee Class Proceeding Settlement Facebook group, a group created and maintained by Class Counsel as a method of providing information to Class Members. This Post advised of the settlement and gave a link to the www.refugeeclassaction.com site where the settlement documents could be found.

[16] Class Counsel purchased and designed a Facebook ad campaign that resulted in their posts being viewed by 10,612 people during a thirty-day ad campaign.

[17] On July 22, 2020, Gina Csyani-Robah, co-founder and Executive Director of Canadian Romani Alliance, created a Post on the Facebook page for the Canadian Romani Alliance advising of the settlement and advising that the Notice Documents could be found at the link: http://refugeeclassaction.com/settlement-information/.

[18] On July 23, 2020, Quintin Bart, who manages the website for the Canadian Romani Alliance, published the following link on the website for the Canadian Romani Alliance, and stated that the Notice Documents could be found at the link: http://refugeeclassaction.com/settlement-information/.

[19] The deadline for Class Members to deliver a notice of Opt-Out or Notice of Objection lapsed on August 20, 2020 at 5:00 PM. As of that date and time there were no Opt-Outs or Notices of Objection.

[20] It took the parties over a year to finalize the terms of the settlement agreement. On July 8, 2020, the parties signed the Settlement Agreement.

[21] Under the Settlement Agreement, the Class is defined as: “all refugee claimants (on their own behalf and on behalf of their spouse, children, grandchildren, parents, grandparents, siblings or dependents) who came to Canada from Hungary, and who retained any of the Defendants between January 1, 2009 through December 31, 2013 to make a refugee application, and whose refugee claim failed or did not proceed while they were represented by either of Viktor Serhey Hohots, Joseph Stephen Farkas or Erzsebet Jaszi (now deceased)”.

[22] Under the settlement, the Defendants will pay $500,000 for damages inclusive of pre-judgment interest and also $50,000 for costs. Class Counsel is requesting approval of a fee of $169,000 inclusive of HST plus estimated disbursements of $12,000. The Class Proceedings Fund is to receive $10,000. Class Counsel seeks approval for an Honorarium of $2,500 for the Representative Plaintiff, Istvan Rezmuves. Payment to Class Members is be completed by RicePoint, and it is estimated that the administrative services will not exceed $15,000 all-inclusive. RicePoint has provided Class Counsel with a fee estimate of $11,187.00 for the overall cost of its services.

[23] The net recovery to the Class is anticipated to be $341,000.

[24] Compensation will be paid to Class Members on a pro rata basis, to a maximum of $5,000 per claimant. To seek payment from the net Settlement Amount, a Class Member must submit a completed Claim to Class Counsel before the Claims Bar Deadline, which is 120 days after a Notice of Settlement Approval is provided pursuant to the proposed Notice Plan. The claims process will be administered by Class Counsel, working with counsel for the Defendants, to identify and confirm the identity of each claimant, and their entitlement to compensation. During the 120-day claims period, Class Counsel will receive completed Claim Forms and communicate with Class Members to remedy any deficiencies.

[25] At the conclusion of the Claims Bar Deadline, Class Counsel shall work cooperatively with counsel for the Defendants to determine and confirm valid claims made by Class Members. Counsel for the Defendants have advised that they either have access to their clients’ files, or alternatively, records from Legal Aid Ontario, which can be used to identify former clients of the Defendants during the appropriate years. If the Class Member provides a properly completed Claim Form with proof of identity, and if the identity of the Class Member can be cross-referenced with the Defendants’ records or the records of Legal Aid Ontario, the Class Member would be identified as having made a valid claim for compensation.

[26] Each Class Member who makes a valid claim prior to the Claims Bar Deadline will receive a pro rata amount up to but not exceeding $5,000.

[27] If there is a dispute about the validity of a claim by a Class Member that cannot be resolved, the Settlement Agreement requires that the dispute be adjudicated by a judge appointed by section 34 of the Class Proceedings Act in a manner determined by the judge. The decision of the Court will be final with no right of appeal.

[28] If the Escrow Account is in a positive balance after 180 days from the date of distribution of the net Escrow Settlement Amount to authorized Claimants, the Administrator is required, if feasible, to allocate the remaining balance among Class Members with valid claims in an equitable and economic fashion. Any balance which remains thereafter is required to be allocated to the Canadian Red Cross (Ontario).

[29] Under the Settlement Agreement, each Class Member’s claim is for himself or herself, as well as his or her spouse, children, parents and parents-in-law. This was a concession to bring about the settlement, but it also reflects the nature of the lost opportunity suffered by Class Members. If the Class Member’s application had been successful, this would have facilitated successful refugee claims for the close family members of the Class Member.

[30] If the Settlement is approved Class Counsel will provide notice of the approved settlement and claims process by publication on the website maintained by Class Counsel (www.refugeeclassaction.com) and the Facebook page maintained by Class Counsel (Roma Refugee Class Proceeding Settlement Facebook group) and will place a Long Form Notice on the www.refugeeclassaction.com website and update the Roma Refugee Class Proceeding Settlement Facebook group with a link to the Long Form Notice on the www.refugeeclassaction.com website. Class Counsel will also purchase an additional Facebook ad campaign to draw attention to the approved settlement and claims process.

[31] Class Counsel recognizes that the settlement is not perfect, but Class Counsel views the settlement as a compromise that compares favorably with the likely results of a contested trial, given the risks facing all parties, but mainly the Plaintiffs.

[32] Class Counsel’s dockets reveal that approximately 575 hours will have been spent prosecuting the class actions. At an average hourly rate of $350.00, the total amount of billable fees incurred in this matter is approximately $200,000 plus HST. Class Counsel estimates that approximately another 100 to 150 hours may be spent by lawyers and clerks in completing this settlement and administering the claims process.

C. Settlement Approval

[33] Section 29 of the Class Proceedings Act, 1992 requires court approval for the discontinuance, abandonment, or settlement of a class action. Section 29 states:

Discontinuance, abandonment and settlement

29.(1) A proceeding commenced under this Act and a proceeding certified as a class proceeding under this Act may be discontinued or abandoned only with the approval of the court, on such terms as the court considers appropriate.

Settlement without court approval not binding

(2) A settlement of a class proceeding is not binding unless approved by the court.

Effect of settlement

(3) A settlement of a class proceeding that is approved by the court binds all class members.

Notice: dismissal, discontinuance, abandonment or settlement

(4) In dismissing a proceeding for delay or in approving a discontinuance, abandonment or settlement, the court shall consider whether notice should be given under section 19 and whether any notice should include,

(a) an account of the conduct of the proceeding;

(b) a statement of the result of the proceeding; and

(c) a description of any plan for distributing settlement funds.

[34] Section 29(2) of the Class Proceedings Act, 1992, provides that a settlement of a class proceeding is not binding unless approved by the court. To approve a settlement of a class proceeding, the court must find that, in all the circumstances, the settlement is fair, reasonable, and in the best interests of the class.[^3]

[35] In determining whether a settlement is reasonable and in the best interests of the class, the following factors may be considered: (a) the likelihood of recovery or likelihood of success; (b) the amount and nature of discovery, evidence or investigation; (c) the proposed settlement terms and conditions; (d) the recommendation and experience of counsel; (e) the future expense and likely duration of the litigation; (f) the number of objectors and nature of objections; (g) the presence of good faith, arm’s-length bargaining and the absence of collusion; (h) the information conveying to the court the dynamics of, and the positions taken by, the parties during the negotiations; and (i) the nature of communications by counsel and the representative plaintiff with Class Members during the litigation.[^4]

[36] In determining whether to approve a settlement, the court, without making findings of fact on the merits of the litigation, examines the fairness and reasonableness of the proposed settlement and whether it is in the best interests of the class as a whole having regard to the claims and defences in the litigation and any objections raised to the settlement.[^5] An objective and rational assessment of the pros and cons of the settlement is required.[^6]

[37] The case law establishes that a settlement must fall within a zone of reasonableness. Reasonableness allows for a range of possible resolutions and is an objective standard that allows for variation depending upon the subject matter of the litigation and the nature of the damages for which the settlement is to provide compensation.[^7] A settlement does not have to be perfect, nor is it necessary for a settlement to treat everybody equally.[^8]

[38] Generally speaking, the exercise of determining the fairness and reasonableness of a proposed settlement involves two analytical exercises. The first exercise is to use the factors and compare and contrast the settlement with what would likely be achieved at trial. The court obviously cannot make findings about the actual merits of the Class Members’ claims. Rather, the court makes an analysis of the desirability of the certainty and immediate availability of a settlement over the probabilities of failure or of a whole or partial success later at a trial. The court undertakes a risk analysis of the advantages and disadvantages of the settlement over a determination of the merits. The second exercise, which depends on the structure of the settlement, is to use the various factors to examine the fairness and reasonableness of the terms and the scheme of distribution under the proposed settlement.[^9]

[39] In the immediate case, in determining whether a settlement is reasonable and in the best interests of the class, the factors favour approving the settlement. In my opinion, the settlement in the immediate case is good, fair, reasonable, and in the best interests of the Class Members. I approve the Settlement Agreement.

D. Counsel Fee

[40] The fairness and reasonableness of the fee awarded in respect of class proceedings is to be determined in light of the risk undertaken by the lawyer in conducting the litigation and the degree of success or result achieved.[^10]

[41] Factors relevant in assessing the reasonableness of the fees of class counsel include: (a) the factual and legal complexities of the matters dealt with; (b) the risk undertaken, including the risk that the matter might not be certified; (c) the degree of responsibility assumed by class counsel; (d) the monetary value of the matters in issue; (e) the importance of the matter to the class; (f) the degree of skill and competence demonstrated by class counsel; (g) the results achieved; (h) the ability of the class to pay; (i) the expectations of the class as to the amount of the fees; and (j) the opportunity cost to class counsel in the expenditure of time in pursuit of the litigation and settlement.[^11]

[42] The court must consider all the factors and then ask, as a matter of judgment, whether the fee fixed by the agreement is reasonable and maintains the integrity of the profession.[^12]

[43] In my opinion, having regard to the various factors used to determine whether to approve Class Counsel’s fee request, Class Counsel’s fee request in the immediate case should be approved.

E. Honorarium

[44] Where a representative plaintiff can show that he or she rendered active and necessary assistance in the preparation or presentation of the case and that such assistance resulted in monetary success for the class, the representative plaintiff may be compensated by an honorarium.[^13]

[45] However, the court should only rarely approve this award of compensation to the representative plaintiff.[^14] Compensation for a representative plaintiff may only be awarded if he or she has made an exceptional contribution that has resulted in success for the class.[^15] Compensation to the representative plaintiff should not be routine, and an honorarium should be awarded only in exceptional cases.

[46] In determining whether the circumstances are exceptional, the court may consider among other things: (a) active involvement in the initiation of the litigation and retainer of counsel; (b) exposure to a real risk of costs; (c) significant personal hardship or inconvenience in connection with the prosecution of the litigation; (d) time spent and activities undertaken in advancing the litigation; (e) communication and interaction with other class members; and (f) participation at various stages in the litigation, including discovery, settlement negotiations and trial.[^16]

[47] In my opinion, the honorarium request in the immediate case should be granted.[^17]

F. Conclusion

[48] For the above reasons, I approve the settlement, Class Counsel’s fee, and the honorarium. I approve the Order attached as Schedule A to these Reasons for Decision.

[49] 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. 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: September 17, 2020

Schedule “A”

Court File No.: CV-17-573786-00CP

ONTARIO

SUPERIOR COURT OF JUSTICE

The Honourable ) Mr. Justice P. Perell ) FRIDAY, THE 11th DAY ) OF SEPTEMBER, 2020

BETWEEN:

ISTVAN REZMUVES, ERNO PONGO, ISTVAN HORVATH RENATA GALAMB and SAMUEL HORVATH Plaintiffs

• and -

VIKTOR SERHEY HOHOTS, JOSEPH STEPHEN FARKAS and THE ESTATE OF ERZSEBET JASZI Defendants

Proceeding under the Class Proceedings Act, 1992, S.O 1992 c. 6 as amended

O R D E R

THIS MOTION, made by the Plaintiff and Class Members, for an Order inter alia approving the Settlement Agreement reached by the Plaintiffs and Defendants, and approving Class Counsel fees, was heard on September 11, 2020 at the Toronto Court House via video-conference call.

ON READING the Motion Record for the Plaintiffs and putative Class Members, and upon hearing oral submissions from Class Counsel, and noting that the Defendants agreed to the terms of the Settlement Agreement,

Approval of the Settlement Agreement and appointment of the Claims Administrator

1. A declaration that the Settlement Agreement attached hereto as Schedule A is fair, reasonable and in the best interests of the Class;

2. An order approving the Settlement Agreement pursuant to Section 29(3) of the CPA and directing that it shall be implemented in accordance with its terms and granting the comprehensive release in favour of the Defendants that is set out therein;

3. An order and declaration that RicePoint shall be appointed as the Claims Administrator for the purpose of making payments to approved claimants;

4. An order and declaration that this Order, including the Settlement Agreement at Schedule A is binding upon the Plaintiff and each Class Member, whether or not they submit a claim to participate in the distribution of the Settlement Fund, including those Class Members who are minors or mentally incapable, and the requirements of Rule 7.04(1) and 7.08(4) of the Rules of Civil Procedure are dispensed with in respect of this Action;

Approval of the Notice Plan

5. An order approving the Notice Plan described in the Settlement Agreement and the long form Notice of Court Order substantially in the form in Schedule B;

Class Counsel Fees

6. An order and declaration that the Contingency Fee Agreement attached as Schedule D is approved as fair and reasonable;

7. An order approving class counsel fees, together with HST and disbursements in the amount of $181,500;

8. An order that class counsel fees shall be paid to class counsel by RicePoint from the settlement amount within fifteen (days) of RicePoint receiving the settlement funds from the Defendants;

Honorarium for representative plaintiff

9. An order approving the payment of an honorarium to the Plaintiff, Istvan Rezmuves, in the amount of $2,500.00 on a quantum meruit basis, for the substantial and exceptional contributions that he has made in the prosecution of this action for the benefit of the Class, and that this amount shall be paid from the Settlement Fund by the Claims Administrator;

Indemnity payment to the Class Proceedings Fund

10. An Order that the Class Proceedings Fund shall be paid $10,000 from the Settlement Amount to reflect the fact that it provided funding and indemnity for the class members in Rezmuves v. Hohots, and that this amount shall be paid from the Settlement Fund by the Claims Administrator;

Establishment of the Settlement Fund

11. An order that within thirty days after this Settlement Approval Order is granted by the Court, the Defendants, or their insurers, shall cause $550,000.00 in Canadian currency (the “Settlement Amount”) to be paid into a non-interest-bearing Escrow Account, to be payable in trust to RicePoint, and that this payment is inclusive of all damages, costs, administration expenses, Class Counsel fees and any other costs or expenses otherwise related to the Class Proceedings against the Defendants;

12. An order that after deductions have been made for the approved class counsel fees, payment to the Class Proceedings Fund and Honorarium, $50,000 paid by the Defendants for costs shall be added to the Settlement Amount, and this shall comprise the class action “Settlement Fund”;

Approval of the Claims Process and Distribution Protocol

13. An order approving the claims process and distribution protocol as set out in the Settlement Agreement (Schedule A);

14. An order approving the Claim Form substantially in the Form in Schedule C;

15. An order establishing the Claims Deadline being one-hundred and twenty (120) days after notice of the settlement approval and claims process is first provided to the class members in accordance with the approved notice plan;

16. An order and declaration that the proposed Order is an order compelling the production of certain information by the Defendants to confirm the identity and validity of class members making claims in accordance with the Settlement Agreement, with such information to be provided to Class Counsel and/or the Claims Administrator, without the consent of the Class Members, but this Order shall satisfy the requirements of any privacy laws in any jurisdiction in Canada allowing such information to be disclosed under the terms of a court order;

17. An order and declaration that the Defendants and their counsel, the Claims Administrator, and Class Counsel 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 any personal information required by the terms of the proposed Order;

18. An order that the Claims Administrator shall maintain confidentiality over and shall not share the information provided by Class Counsel and Counsel for the Defendants with any other person, including, but not limited to any lawyer (except Class Counsel and any lawyers retained by the Claims Administrator), unless doing so is necessary for facilitating the claims administration process in accordance with the Settlement Agreement;

19. An order that the Claims Administrator shall use the information provided pursuant to the proposed Order for the sole purpose of facilitating the claims payment process in accordance with the Settlement Agreement, and for no other purpose;

20. An order and declaration that no person may bring any action or take any proceeding against the Claims Administrator or any of its employees, agents, partners, associates, representatives, successors or assigns for any matter in any way relating to the administration of the Settlement Agreement and the proposed Order except with leave of the Court;

21. An order that the Claims Administrator shall facilitate the claims payment process, and report to the Court and the Parties in accordance with the terms of the Settlement Agreement;

22. An order that the Claims Administrator shall pay its Administration Expenses from the Settlement Fund, from time to time, as the Administration Expenses are incurred;

23. An order that the Claims Administrator shall deliver a final report to this Court and the Parties upon the completion of the administration of the Settlement Agreement, detailing the total funds received and the disbursal thereof, the total number of claimants, the amount paid to each claimant, and the amount paid cy-près, if any;

Cy-Près payment

24. An order that any residual amount remaining in the Settlement Fund after all Class Members’ claims and Administration Expenses have been paid, shall be paid, cy-près, to the Canadian Red Cross for use in providing assistance and services to refugees in Canada.

Dismissal of the action

25. An order that this action shall be dismissed against the Defendants without costs and with prejudice;

26. A declaration that, notwithstanding the foregoing, the Court shall retain its supervisory jurisdiction over the administration of this settlement;

27. An order and declaration that any Other Action commenced in Ontario by any Class Member shall be and is hereby dismissed against the Releasees, without costs and with prejudice;

28. Such further and other relief as this Honourable Court deems just.

Schedule A

ROMA CLASS PROCEEDINGS SETTLEMENT AGREEMENT

Made as of July 8, 2020

BETWEEN

ISTVAN REZMUVES, ERNO PONGO, ISTVAN HORVATH, RENATA GALAMB, AND SAMUEL HORVATH ("Plaintiffs")

— and —

VIKTOR SERHEY HOHOTS JOSEPH STEPHEN FARKAS THE ESTATE OF ERZSEBET JASZI ("Defendants")

TABLE OF CONTENTS

Page

SECTION 1 — RECITALS................................................................................................................. 7

SECTION 2 — DEFINITIONS............................................................................................................. 1

SECTION 3 — APPROVAL AND NOTICE PROCESS......................................................................... 7

Best Efforts.......................................................................................................................... 9

Certification and First Notice Motion..................................................................................... 10

Approval Motion and Notice................................................................................................. 10

Notice of Termination .......................................................................................................... 11

Report to the Court.............................................................................................................. 11

SECTION 4 — SETTLEMENT BENEFIT............................................................................................ 11

Payment of Settlement Amount............................................................................................ 11

Settlement Amount to be Held in Trust.................................................................................. 12

Taxes on Interest................................................................................................................. 12

SECTION 5 — NO REVERSION...................................................................................................... 13

SECTION 6 — DISTRIBUTION OF THE SETTLEMENT AMOUNT........................................................ 13

SECTION 7 — EFFECT OF SETTLEMENT....................................................................................... 14

No Admission of Liability..................................................................................................... 14

Agreement Not Evidence..................................................................................................... 14

No Further Litigation............................................................................................................ 15

SECTION 8 — CERTIFICATION FOR SETTLEMENT ONLY................................................................ 15

Consent to Certification ...................................................................................................... 15

Certification Without Prejudice.............................................................................................. 16

SECTION 9 - OPTING OUT.............................................................................................................. 16

Awareness of any Potential Opt-Outs................................................................................... 16

Opt-Out Procedure.............................................................................................................. 16

Notification of Number of Opt-Outs...................................................................................... 17

SECTION 10 — TERMINATION OF THE AGREEMENT...................................................................... 18

General .............................................................................................................................. 18

Effect of Exceeding the Opt-Out Threshold, Conditions Precedent and Right to

Terminate................................................................................................................. 20

Allocation of Monies in the Escrow Account Following Termination........................................ 20

Disputes Relating to Termination.......................................................................................... 21

No Right to Terminate......................................................................................................... 21

SECTION 11 — DETERMINATION THAT THE SETTLEMENT IS FINAL.............................................. 21

SECTION 12 — RELEASES AND JURISDICTION OF THE COURT.................................................... 22

-i-

TABLE OF CONTENTS

(continued)

Page

Release of Releasees......................................................................................................... 22

No Further Claims............................................................................................................... 22

Dismissal of the Actions..................................................................................................... 22

No Claims in Interim............................................................................................................ 23

SECTION 13 — ADMINISTRATION.................................................................................................. 23

Appointment of the Administrator........................................................................................ 23

Information........................................................................................................................ 23

Claims Process.................................................................................................................. 23

Disputes Concerning the Decisions of the Administrator...................................................... 24

Conclusion of the Administration ........................................................................................ 25

SECTION 14 — THE FEE AGREEMENT AND CLASS COUNSEL FEES............................................ 25

Motion for Approval of Class Counsel Fees........................................................................ 25

Payment of Class Counsel Fees......................................................................................... 26

SECTION 15 — MISCELLANEOUS.................................................................................................. 26

Motions for Directions........................................................................................................ 26

Defendants Have No Responsibility or Liability for Administration........................................ 27

Headings, etc. ................................................................................................................... 27

Governing Law................................................................................................................... 28

Severability........................................................................................................................ 28

Entire Agreement................................................................................................................ 28

Binding Effect.................................................................................................................... 28

Survival ............................................................................................................................ 29

Negotiated Agreement........................................................................................................ 29

Recitals ............................................................................................................................ 29

Acknowledgements............................................................................................................ 29

Counterparts...................................................................................................................... 30

Confidentiality and Communications.................................................................................... 30

Notice 31

SETTLEMENT AGREEMENT

Subject to the approval of the Court as provided herein, the Plaintiffs and the Defendants hereby stipulate and agree that, in consideration of the promises and covenants set forth in this settlement agreement ("Agreement"), and upon the approval orders in each of the actions becoming a final order, each of the actions be settled and compromised on the terms and conditions contained herein.

SECTION 1 — DEFINITIONS

1.1 In this Settlement Agreement, including the Recitals and Appendices hereto:

Actions means the following actions:

(a) Rezmuves v. Hohots, Court File No. CV-17-573786-OOCP.

(b) Galamb v. Farkas, Court File No. CV-17-584224-OOCP.

(c) Horvath v. Jaszi, Court File. No.: CV-14-514504-OOCP.

Administration Expenses means all fees, disbursements, expenses, costs, taxes and any other amounts incurred or payable in relation to the implementation and administration of the Settlement (including fees, disbursements and taxes paid to the Administrator, costs incurred by the Administrator for printing and delivering the long-form Second Notice), and any other expenses approved by the Court which shall be paid from the Settlement Funds in accordance with Sections 4.1 and 6.1. For greater certainty, Administration Expenses do not include Class Counsel Fees.

Agreement means this settlement agreement, including the recitals.

Approval Motion means the motion to be brought by each of the Plaintiffs in each of the actions to the Court, for the Approval Order.

Approval Order means an order made by the Court substantially in the form attached as Appendix "D" hereto:

• 2 -

(a) approving this Settlement;

(b) approving the form of the Second Notice;

(c) appointing the Administrator;

(d) approving the Distribution Protocol; and

(e) dismissing the Actions as against the Defendants, with prejudice and without costs, on the Effective Date.

Authorized Claimant means any Class Member who has submitted a completed Claim which, pursuant to the terms of the Agreement and the Distribution Protocol, has been approved for compensation by the Administrator.

Certification and First Notice Motion means a motion to be brought by the Plaintiffs, in the Court, for the Certification and First Notice Order.

Certification and First Notice Order means the orders made by the Court on August 19, 2019 in each of the Actions, copies of which are attached as Appendix "A" hereto:

(a) certifying the Actions for settlement purposes only;

(b) approving the form, content and method of dissemination of the First Notice;

(c) prescribing opt-out procedures; and

(d) fixing the date for the Approval Motion.

Claim means the electronic claims process and paper claim form to be approved by the Court, either of which when completed and submitted in a timely manner to the Administrator, constitutes a Class Member's claim for compensation pursuant to the Settlement.

• 3 -

Claims Administrator means the third party professional firm, and any employees of such firm selected at arm's length by Class Counsel, agreed upon by the Defendants, and appointed by the Court to, (i) administer the Settlement in accordance with this Agreement and the Distribution Protocol, and (ii) report to the Parties and the Court on the administration of the Settlement.

Claims Bar Deadline means the date by which each Class Member must file a Claim and all supporting documentation with the Administrator; which date shall be one hundred and twenty (120) days after the date on which the Second Notice is first published.

Class or Class Members means all refugee claimants (on their own behalf and on behalf of their spouse, children, grandchildren, parents, grandparents, siblings or dependents) who came to Canada from Hungary, and who retained any of the Defendants between January 1, 2009 through December 31, 2013 to make a refugee application, and whose refugee claim failed or did not proceed while they were represented by either of Viktor Serhey Hohots, Joseph Stephen Farkas or Erzsebet Jaszi (now deceased).

Class Counsel means Flaherty McCarthy LLP.

Class Counsel Fees means the fees, disbursements, costs, interest, HST and other applicable taxes or charges of Class Counsel as approved by the Court.

Class Period means the period from and including January 1, 2009 to and including December 31, 2013.

Common Issues mean:

(a) Did the Defendants owe a duty of care to the Plaintiffs and Class Members?

(b) Did the Defendants breach their duty of care to the Plaintiffs and Class Members?

(c) Did the Defendants owe a fiduciary duty to the Plaintiffs and Class Members/

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(d) Did the Defendants breach their fiduciary duty to the Plaintiffs and Class Members?

(e) Did the Plaintiffs and Class Members lose the opportunity to have their refugee claims determined on the merits as a result of the negligence and/or breach of fiduciary duty of the Defendants?

(f) What is the appropriate measure of damages for the Plaintiffs' loss of opportunity to have their refugee claims decided on the merits?

(g) Can damages be determined for the Class Members on an aggregate basis for any or all of the causes of action?

(h) How will any award of damages be distributed among Class Members?

(i) Should the Defendant pay the cost of administering and distributing any recovery including the cost of giving notice of certification? If so, in what amount?

(i) Should the Defendants be required to pays costs (including HST and disbursements)? If so, in what amount?

Counsel for the Defendants means Gowling WLG (Canada) LLP, Henein Hutchinson LLP, and Blaney McMurtry LLP, individually and collectively.

Court means the Ontario Superior Court of Justice.

CPA means the Class Proceedings Act, 1992, S.O. 1992, c. 6, as amended.

Defendant means any person or entity named as a defendant in any of the Actions.

Distribution Protocol means the plan stipulating the proposed distribution of the Settlement Amount after deductions for Administration Expenses and Class Counsel Fees.

Effective Date means the date on which both of the following occur or have occurred:

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(a) The Settlement Amount has been paid into the Escrow Account; and

(b) the Defendants' collective right to terminate the Agreement has expired, and the Approval Order becomes a Final Order.

Escrow Account means an account at a Canadian Schedule 1 bank, under the Bank Oct, SC 1991, c 46, in Ontario and under the control of the Administrator.

Escrow Settlement Amount means the Settlement Funds plus any interest accruing thereon.

Final Order means any order of the Court contemplated by this Settlement Agreement from which any right of appeal has been exhausted, expired, or where no appeal lies.

First Notice means the long-form and short-form Notice of Certification and Notice of Court Hearing for Settlement Approval substantially in the forms attached as Appendices "B" and "C" hereto.

Opt-Out Election means the procedure, to be approved by the Court, by which a Class Member may exclude him, her or itself from the Class, from participation in the Actions and from the Settlement.

Opt-Out deadline means the date sixty (60) days after the date on which the First Notice is first published on Class Counsel's website.

Opt-Out Party means any person who would otherwise be a Class Member, and who submits a valid Opt-Out Election to Class Counsel by the Opt-Out Deadline.

Opt-Out Period means the period up to and including the Opt-Out Deadline, during which Opt-Out Elections tray be submitted.

Opt-Out Threshold the number of Opt-Out Parties that must be reached in order to trigger the Defendants' right to terminate this Agreement in accordance with Sections 10.6 to 10.8 hereof, as particularized in the Collateral Agreement.

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Parties mean the Plaintiffs and the Defendants.

Plaintiffs means any person named as a plaintiff in any of the Actions.

Plan of Notice means the plan for disseminating the First Notice and Second Notice to the Class, substantially in the form attached as Appendix "G" hereto.

Released Claims (or Released Claim in the singular) means: (a) all manner of actions, causes of action, suits, debts, dues, accounts, bonds, covenants, contract, complaints, claims and demands for damages, monies, losses, indemnity, costs, interest in loss, or injuries howsoever arising which hereto may have been or may hereafter be sustained by any or all of the Plaintiffs or the Class Members, arising out of or relating in any way to the legal representation and retainer (or retainers) with any of the Defendants, which retainer (or retainers) was/were entered into at any time between January 1, 2009 and December 31, 2013, and pursuant to which any of the Defendants was retained to make a refugee application on behalf of any one of the Plaintiffs or Class Members, (b) any and all actions, causes of action, claims or demands of whatsoever nature, whether in contract or in tort or arising as a result of a fiduciary duty or by virtue of any statute or upon or by reason of any damage, loss or injury arising out of the matters set forth above and, without limiting the generality of the foregoing, from any and all matters that were pleaded in, or could have been pleaded by the Plaintiffs or Class Members against the Defendants, or any of them, in any of the Actions, and (c) all claims for damages including but not limited to punitive, aggravated, statutory and other multiple damages or penalties of any kind, known or unknown, suspected or unsuspected, actual or contingent, liquidated or unliquidated, in law, under statute, or common law or in equity; and remedies of whatever kind or character, known or unknown, that are now recognized by law or equity or that may be created and recognized in the future by statute, regulation, judicial decision, or in any other manner, including but not limited to injunctive and declaratory relief; recovery for economic or business losses or disgorgement of revenues or profits and restitutions; and costs, expenses, class administration expenses, and lawyers' fees (including Class Counsel Fees); and prejudgment and post-judgment interest.

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Releasees means, jointly and severally, individually and collectively, the Defendants as well as their present and former partners, associates, employees, servants, agents, heirs, administrators, successors, assigns and insurers, including the LAWYERS' PROFESSIONAL INDEMNITY COMPANY, and the law partners who carried on, or carry on, the practice of law in association with any of the Defendants, as well as any predecessor or successor law firm, partnership or association, for themselves, their present and former partners, associates, employees, servants, agents, heirs, administrators, successors, assigns and insurers,

Releasors means, jointly and severally, individually and collectively, the Plaintiffs, the Class Members, and their respective heirs, agents, executors, trustees, administrators, assigns, attorneys, representatives, partners, insurers, predecessors, successors, and on behalf of any party or parties who claim a right or interest through them; but, for greater certainty, excludes Opt-Out Parties.

Second Notice means the long-form and short-form Notice of Settlement Approval substantially in the forms attached as Appendices "E" and "F" hereto.

Settlement means the settlement provided for in this Agreement.

Settlement Amount means $550,000.00 in Canadian currency, inclusive of Administration Expenses, Class Counsel Fees and any other costs or expenses otherwise related to the Actions, to be paid in accordance with Section 4.1 hereof.

SECTION 2 — RECITALS

2.2 WHEREAS:

(a) The Plaintiffs and the Defendants wish to enter into this Agreement providing for the settlement of all claims arising from the provision of legal services by the Defendants to the Class on the terms and conditions set forth herein;

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(b) The Defendants deny all the Plaintiffs' claims in the Actions, and deny any wrongdoing or liability of any kind, whatsoever, and would have actively and diligently pursued affirmative and other defences had these Actions not been settled.

(c) The Plaintiffs, with the benefit of advice from Class Counsel, have concluded that this Agreement, which resolves finally and completely the Actions, is fair, reasonable and in the best interests of the Class. The Plaintiffs have come to this conclusion based upon an analysis of the facts and law applicable to the issues in these Actions, and taking into account several factors, which include the following: (i) without prejudice, and without waiver of privilege production and representations that have been made by the Defendants, (ii) the burdens, complexities, risks and expense of continued litigation, including the determination of the Defendants' proportionate liability and potential limits thereto, the determination of damages to the Class, and any potential appeals, and (iii) the potential risks to recovery in continuing the Actions against the Defendants.

(d) The Defendants similarly have concluded that this Agreement is desirable in order to avoid the time, risk and expense of continuing with the litigation, including any potential appeals, and any other present or future litigation arising out of the facts that gave rise to the Actions, and to resolve finally and completely the pending claims raised or that could have been raised in these Actions against them.

(e) The Plaintiffs and the Defendants have conducted settlement negotiations through multiple meetings and telephone conferences.

(f) The Plaintiffs and the Defendants intend to, and hereby do finally resolve the Actions and all the claims that were or could have been asserted in the Actions, subject to the approval of the Court as hereinafter provided, without any admission of liability or wrongdoing whatsoever by the Defendants.

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(g) The Plaintiffs assert that they are suitable representatives for the Class and will seek to be appointed as the representative plaintiffs in the Actions.

(h) The Parties agree that the terms of the proposed settlement shall remain confidential until the motion seeking Certification and Settlement Approval is filed with the Court.

NOW THEREFORE, in consideration of the covenants, agreements and releases set forth herein, and for other good and valuable consideration (the receipt and sufficiency of which is hereby acknowledged), the Parties stipulate and agree that this Agreement represents the agreement between the Parties to resolve and release, fully and finally, in accordance with the terms more particularly set out herein, all Released Claims and, subject to the approval of the Court as provided herein, to obtain an approval order that will constitute a final order dismissing the Actions as against the Defendants, with prejudice and without costs.

SECTION 3 — APPROVAL AND NOTICE PROCESS Best Efforts

3.1 The Parties shall use their best efforts to effectuate this Settlement, and to secure the Approval Order in a prompt and timely manner.

3.2 The Parties agree that the content of the orders and notices attached as Appendices A through G respectively, may be modified or amended on consent of the Parties as may be necessary to secure the Approval Order, but any such modification or amendment must be approved by the Court.

3.3 Until the Approval Order becomes a Final Order or the termination of this Agreement, whichever occurs first, the Parties agree to hold in abeyance all steps in the Actions, other than the motions provided for in this Agreement, and such other matters required to implement the terms of this Agreement.

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Certification and First Notice Motion

3.4 The Plaintiff will, as soon as is reasonably practicable following the execution of this Agreement, bring the Certification and a motion seeking approval of the First Notice Motion. Subject to the content of the First Notice and the Certification and First Notice Order being satisfactory to the Defendants, and for the purpose of this Agreement only, the Defendants will consent to the Certification and First Notice Order being issued by the Court.

3.5 Upon entry of the Certification and First Notice Order, Class Counsel shall cause the First Notice to be published in accordance with the Plan of Notice and the directions of the Court. Any third party costs for translation and publication of the First Notice shall be paid by Class Counsel. If this Settlement is approved by Final Order, Class Counsel will be reimbursed for the translation and publication costs of the first Notice from the Escrow Account, in accordance with Section 6.1(b).

Approval Motion and Notice

3.6 The Plaintiff will thereafter bring the Approval Motion before the Court in accordance with the Court's directions. The Defendants will consent to the issuance of the Approval Order, subject to the content of the Approval Order sought at the Approval Motion being satisfactory to the Defendants, and for the purposes of the Settlement only.

3.7 Upon entry of the Approval Order, Class Counsel shall cause the Second Notice to be published and disseminated in accordance with the Plan of Notice as approved by the Court. Any third party costs for translation and publication of the Second Notice shall be paid by Class Counsel. If this Settlement is approved by Final Order, Class Counsel will be reimbursed for the translation and publication costs of the Second Notice from the Escrow Account, in accordance with Section 6.1(b).

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Notice of Termination

3.8 If this Agreement is terminated after the First Notice has been published and disseminated, a notice of the termination will be given to the Class. Class Counsel will cause the notice of termination, in a form approved by the Court, to be published and disseminated as the Court directs. Any third party costs for the translation and publication of a notice of termination shall be paid by Class Counsel.

Report to the Court

3.9 After publication and dissemination of each of the notices required by this Section, Class Counsel shall file with the Court an affidavit confirming publication and dissemination.

SECTION 4 — SETTLEMENT BENEFIT

Payment of Settlement Amount

4.1 Within thirty (30) days after the Approval Order is granted, the Defendants, or their insurers as the case may be, shall cause the Settlement Amount to be paid into the Escrow Account, as follows:

(a) the amount of $550,000 in Canadian currency, by or on behalf of the Defendants, inclusive of all Administration Expenses, Class Counsel Fees and any other costs or expenses otherwise related to the Actions.

4.2 Neither the Defendants nor the Defendants' insurers shall have any obligation to pay any amount to any of the Plaintiffs, the Class Members or Class Counsel other than the Settlement Amount (to be paid in accordance with Section 4.1 hereof) with respect to this Agreement or the Actions for any reason whatsoever, including any amount for damages, interest, legal fees (including Class Counsel Fees), disbursements, taxes of any kind, costs and expenses relating in any way

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to the Actions, including as described in Sections 3.5 to 3.7, the Released Claims, the Settlement and Administration Expenses.

4.3 The Administrator shall provide an accounting to the Court for all payments made from the Escrow Account. In the event this Agreement is terminated, Class Counsel shall deliver the accounting to the Court no later than ten (10) days after the termination.

4.4 Any dispute concerning an entitlement to or quantum of expense incurred in the publication and dissemination of First Notice, Second Notice, or by the Administrator subsequently, shall be dealt with by a motion to the Court on notice to all Parties.

Settlement Amount to be Held in Trust

4.5 The Administrator shall maintain the Settlement Amount in the Escrow Account for the benefit of the Class, as provided for in this Agreement.

4.6 No amount shall be paid out from the Escrow Account by the Administrator except in accordance with this Agreement, or in accordance with an order of the Court obtained on notice to the Parties.

Taxes on Interest

4.7 Except as expressly provided herein, any interest earned on the Settlement Amount shall accrue to the benefit of the Class and shall become and remain part of the Escrow Account.

4.8 Subject to Section 4.9, all taxes payable on any interest which accrues on, or otherwise in relation to the Settlement Amount in the Escrow Account shall be the responsibility of the Class. The Administrator shall be solely responsible for fulfilling all applicable tax reporting and payment requirements arising from the Settlement Amount in the Escrow Account, including any obligation to report taxable income and make tax payments. All taxes (including interest and penalties) due with respect to any income earned by the Settlement Amount shall be paid from the Escrow Account.

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4.9 The Defendants shall have no responsibility to make any filings relating to the Escrow Account, to pay tax on any income earned by the Settlement Amount, or to pay any taxes on the monies in the Escrow Account, unless this Agreement is terminated, in which case any interest earned on the Settlement Amount in the Escrow Account shall be paid to the Defendants or their insurers, as may be directed, in accordance with and in proportion to their respective contributions to the Settlement Amount. In the event that interest earned on the Settlement is paid to the Defendants or their insurers in accordance with this provision, the Defendants or their insurers shall be responsible for the payment of any applicable taxes on such interest not previously paid by the Administrator.

SECTION 5 — NO REVERSION

5.1 Unless this Agreement is terminated as provided herein, the Defendants or their insurers, as the

case may be, shall not be entitled to the repayment of any portion of the Settlement Amount contributed under Section 4.1 and then only to the extent of and in accordance with the terms provided herein.

SECTION 6 — DISTRIBUTION OF THE SETTLEMENT AMOUNT

6.1 On or after the Effective Date, the Administrator shall distribute the Settlement Amount from the

Escrow Account in accordance with the following priorities:

(a) to pay Class Counsel Fees;

(b) to pay any third party costs for translation and publication of the First Notice and Second Notice, as contemplated by Sections 3.5 and 3.7;

(c) to pay all Administration Expenses;

(d) to pay any taxes required by law to be paid to any governmental authority; and

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(e) to pay a pro rata share of the net Settlement Amount to each authorized Claimant in proportion to his or her entitlement to compensation, as determined in accordance with the Distribution Protocol.

SECTION 7 — EFFECT OF SETTLEMENT

No Admission of Liability

7.1 Whether or not this Agreement is terminated, this Agreement, anything contained in it, any and all negotiations, discussions, and communications associated with this Agreement, shall not be deemed, construed or interpreted as a concession or admission of wrongdoing or liability by the Releasers, or as a concession or admission by the Releasees of the truthfulness of any claim or allegation asserted in the Actions. Neither this Agreement nor anything contained herein shall be used or construed as an admission by the Releasors of any fault, omission, liability or wrongdoing in connection with any statement, release, written document, offering document or financial report, or otherwise, and in fact the Defendants continue to vigorously dispute and contest the allegations made in the Actions.

Agreement Not Evidence

7.2 The Parties agree that, whether or not it is terminated, unless otherwise agreed, this Agreement and anything contained herein, any and all negotiations, documents, discussions and proceedings associated with this Agreement, and any action taken to implement this Agreement, shall not be referred to, offered as evidence or received as evidence or interpreted in the Actions or in any other pending or future civil, criminal, quasi-criminal, administrative action, disciplinary investigation or other proceeding as any presumption, concession or admission: (i) of the validity of any claim that has been or could have been asserted in the Actions by the Plaintiffs against the Defendants, or the deficiency of any defence that has been or could have been asserted in the Actions, (ii) of wrongdoing, fault, neglect or liability by the Defendants, or (iii) that the

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consideration to be given hereunder represents the amount that could he or would have been recovered in the Actions after trial.

7.3 Notwithstanding Section 7.2, this Agreement may be referred to or offered as evidence in order to obtain the orders or directions from the Court contemplated by this Agreement, in a proceeding to approve or enforce this Agreement, to defend against the assertion of Released Claims, or as otherwise required by law.

No Further Litigation

7.4 Class Counsel, and anyone currently or hereafter employed by, associated with, or a partner with Class Counsel may not, directly or indirectly participate or be involved in, or in any way assist with respect to any claim made by any person, including but not limited to any putative class member who opts-out of the Actions, in relation to any claim they have or may in the future assert, regarding subject matter of the Actions.

7.5 Class Counsel also is prohibited from divulging to anyone for any purpose any information obtained in the course of the negotiation, preparation or execution of this Agreement, without the prior written consent of the Defendants or unless ordered to do so by a court.

SECTION 8 — CERTIFICATION FOR SETTLEMENT ONLY

Consent to Certification

8.1 The Defendants will consent to certification of the Actions as a class proceeding, pursuant to Sections 2, 5 and 6 of the CPA, solely for the purpose of effecting this Agreement.

8.2 The Plaintiffs and the Defendants agree that the only common issues that the Plaintiffs will seek to define as against them are the Common Issues and the only class that the Plaintiffs will assert is the Class.

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Certification Without Prejudice

8.3 The Parties agree that the certification of the Actions as class proceedings in accordance with Sections 8.1-8.2 hereof is for the sole purpose of effecting the Settlement. In the event that this Agreement is terminated as provided herein, the Certification and First Notice Order shall be vacated or set aside to the extent of the order certifying the Actions as class proceedings for the purposes of implementing this Agreement, and shall be without prejudice to any position that any of the Parties may later take on any issue in the Actions including in a subsequent certification motion. In particular, the fact of the Defendants' consent to certification for settlement purposes shall not be referenced in any way in the further prosecution of the Actions, nor shall such consent be deemed to be an admission by the Defendants, or any of them, that the Plaintiffs have met any of the requisite criteria for certification of the Actions as a class proceeding.

SECTION 9 - OPTING OUT

Awareness of any Potential Opt-Outs

9.1 The Plaintiffs and Class Counsel represent and warrant that:

(a) they are unaware of any Class Member who has expressed an intention to opt-out of the Class; and

(b) they will not encourage or solicit any Class Member to opt-out of the Class. Opt-Out Procedure

9.2 Each Class Member who wishes to exclude him, her or itself from the Class must submit a properly completed Opt-Out Election along with all required supporting documents to Class Counsel on or before the Opt-Out Deadline. An Opt-Out Election shall consist of the following:

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(a) a statement of intention to opt out of the Actions, signed by the Class Member or a person authorized to bind the Class Member; and

(b) contact information for the Class Member, including name, address, telephone number and email address.

9.3 In order to remedy any deficiency in the completion of an Opt-Out Election, Class Counsel may require and request that additional information be submitted by a Class Member who submits an Opt-Out Election.

9.4 If a Class Member fails to submit a properly completed Opt-Out Election and/or all required supporting documents to Class Counsel or fails to remedy any deficiency by the Opt-Out Deadline, the Class Member shall not have opted out of the Actions, subject to any order of the Court to the contrary, and will in all other respects to be subject to, and bound by, the provisions of this Agreement and the releases contained herein.

9.5 The Opt-Out Deadline will not be extended unless the Court orders otherwise.

9.6 Opt-Out Parties will be excluded from any and all rights and obligations arising from the Settlement. Class Members who do not opt out shall be bound by the Settlement and the terms of this Agreement.

Notification of Number of Opt-Outs

9.7 Within five (5) days after the Opt-Out Deadline, Class Counsel shall report to the Court and the Parties a summary of the information delivered by each Opt-Out Party.

9.8 Class Counsel shall also provide to Counsel for the Defendants copies of all of the Opt-Out Elections submitted by Opt-Out Parties at the same time as the report provided for in Section 9.7.

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SECTION 10 — TERMINATION OF THE AGREEMENT

General

10.1 This Agreement shall, without notice, be automatically terminated if:

(a) the Court declines to grant the Certification and First Notice Order and such order becomes a Final Order;

(b) the Court grants the Certification and First Notice Order but such order is reversed on appeal and the reversal becomes a Final Order;

(c) the Court declines to grant the Approval Order and such order becomes a Final Order; or

(d) the Court grants the Approval Order but such order is reversed on appeal and the reversal becomes a Final Order.

10.2 Each of the Parties shall have the right to terminate this Agreement by delivering a written notice pursuant to Section 15.9 below within thirty (30) days after either of the following events:

(a) the Court grants the Certification and First Notice Order in a form that is materially different to the form of the First Notice Order at Appendix "A"; or

(b) the Court grants the Approval Order in a form that is materially different to the form of the Approval Order at Appendix "D".

10.3 This Agreement shall be terminated if the Defendants elect to terminate the Agreement in accordance with Section 10.6 forthwith upon delivery to Class Counsel of the notice of election to terminate contemplated by that Section.

10.4 In the event this Agreement is terminated in accordance with its terms:

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(a) the Parties will be restored to their respective positions prior to the execution of this Agreement;

(b) the Plaintiffs and the Defendants will consent to an Order vacating or setting aside the Certification and First Notice Order to the extent of the order certifying the Actions as class proceedings for the purposes of implementing this Agreement; and, such order shall include a declaration that:

(i) the prior consent certification of the Actions for settlement purposes shall not be deemed to be an admission by the Defendants that the Actions met any of the criteria for certification as a class proceeding; and

(ii) no Party to the Actions and no other person may rely upon the fact of the prior consent certification for any purpose whatsoever;

(c) the Escrow Settlement Amount will be returned to the Defendants or their insurers, as

directed, in accordance with Section 10.10(d) hereof;

(d) this Agreement will have no further force and effect and no effect on the rights of the

Parties except as specifically provided for herein;

(e) this Agreement and the consent certification order will not be introduced into evidence or

otherwise referred to in any litigation against the Defendants,

10.5 Notwithstanding the provisions of Section 10.4(d), if this Agreement is terminated, the provisions

of this Section 10 and Sections 2, 1, 3.8, 3.9, 4.3, 4.9, 5.1, 7.1, 7.2, 7.3, 7.5, 8.3, 9.1, 12.6 and Section 15 shall survive termination and shall continue in full force and effect.

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Effect of Exceeding the Opt-Out Threshold, Conditions Precedent and Right to Terminate

10.6 Notwithstanding any other provision in this Agreement, any of the Defendants may, in their sole and unfettered discretion, elect to terminate the Agreement if the total number of Opt-Out Parties exceeds the Opt-Out Threshold, provided that notice of the election to terminate is provided by Counsel for the Defendants to Class Counsel within ten (10) business days of Class Counsel notifying Counsel for the Defendants of the number of Opt-Outs pursuant to Section 9.7, after which date the right to terminate the Agreement will have expired.

10.7 If the Opt-Out Threshold is not exceeded, the Defendants' right to terminate this Agreement pursuant to the provisions of this Section is inoperative and of no force and effect.

10.8 The Opt-Out Threshold shall be stated in the Collateral Agreement signed contemporaneously with the execution of this Agreement. The Collateral Agreement will state the Opt-Out Threshold and will be kept confidential by the Parties and their counsel, and may be shown to the Court solely for purposes of the Approval Motion but shall not be otherwise disclosed by the Parties and their counsel, unless disclosure is ordered by the Court or the Defendants provide prior written consent to disclosure.

Allocation of Monies in the Escrow Account Following Termination

10.9 In the event of termination of this Agreement, Class Counsel shall account to the Court and the Parties for the amounts maintained in and disbursed from the Escrow Account. Consistent with Section 4.3, this accounting shall be delivered no later than ten (10) days after such termination.

10.10 If this Agreement is terminated, the Defendants shall, within thirty (30) days after termination, apply to the appropriate Court, on notice to the Plaintiff, for an order:

(a) declaring this Settlement Agreement null and void and of no force or effect except for the

provisions listed in Section 10.5;

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(b) determining whether a notice of termination shall be sent out to the Class Members and, if so, the form and method of disseminating such a notice;

(c) requesting an order setting aside, nunc pro tunc, all prior orders or judgments entered by the Court in accordance with the terms of this Agreement, including any order certifying the Actions as a class proceedings for the purposes of implementing this Agreement; and

(d) authorizing the payment of all remaining funds in the Escrow Account, including any accrued interest, to the Defendants or their insurers as the case may be.

10.11 Subject to Section 10.12, the Parties shall consent to the orders sought in any motion made by the Defendants pursuant to Section 10.10.

Disputes Relating to Termination

10.12 If there is any dispute about the termination of this Agreement, the Court shall determine any dispute by motion made by a Party on notice to the other Parties.

No Right to Terminate

10.13 For greater certainty, no dispute or disagreement among the Plaintiffs and/or members of the Class or any of them about the proposed distribution of the Settlement Amount or the Distribution Protocol shall give rise to a right to terminate this Agreement.

SECTION 11 — DETERMINATION THAT THE SETTLEMENT IS FINAL

11.1 The Settlement shall be considered final on the Effective Date.

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SECTION 12 — RELEASES AND JURISDICTION OF THE COURT

Release of Releasees

12.1 Upon the Effective Date, in consideration of payment of the Settlement Amount and for other valuable consideration set forth in the Agreement, the Releasors forever and absolutely release, waive and forever discharge the Releasees from the Released Claims.

12.2 The Releasors acknowledge that they are aware that they may hereafter discover facts in addition to, or different from, those facts which they know or believe to be true with respect to the Actions and the subject matter of this Agreement, and that it is their intention to release fully, finally and forever all Released Claims, and in furtherance of such intention, this release and, subject to the provisions of Section 10, this Agreement, shall be and remain in effect notwithstanding the discovery or existence of any such additional or different facts.

12.3 Upon the Effective Date, each Releasee forever and absolutely releases each of the other Releasees from any and all claims for contribution or indemnity with respect to the Released Claims.

No Further Claims

12.4 As of the Effective Date, the Releasors and Class Counsel shall not now or hereafter institute, continue, maintain or assert, either directly or indirectly, whether in Ontario or elsewhere, on their own behalf or on behalf of any class or any other person, any action, suit, cause of action, claim or demand against any of the Releasees or any other person who may claim contribution or indemnity from any of the Releasees in respect of any Released Claim.

Dismissal of the Actions

12.5 As of the Effective Date, the Actions shall be dismissed as against the Defendants with prejudice and without costs.

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No Claims in Interim

12.6 As of the date of this Agreement, Class Counsel represent that they do not represent plaintiffs in any other proceeding related to any matter at issue in the Actions.

SECTION 13 — ADMINISTRATION

Appointment of the Administrator

13.1 The Court will appoint the Administrator to serve until such time as the Settlement Amount is distributed in accordance with section 6.1, on the terms and conditions and with the powers, rights, duties and responsibilities set out in this Agreement and in the Distribution Protocol.

Information

13.2 Any information obtained or created by the Administrator is confidential; and, except as required by law or permitted by this Agreement, shall be used and disclosed only for the purposes of the administration of this Settlement.

Claims Process

13.3 In order to seek payment from the Settlement Amount, a Class Member must submit a completed Claim to Class Counsel, in accordance with the provisions of the Distribution Protocol, on or before the Claims Bar Deadline. From and after the Effective Date, Class Members shall be bound by the terms of the Settlement regardless of whether they submit a completed Claim Form or receive payment from the Settlement Amount.

13.4 In order to remedy any deficiency in the completion of a Claim, Class Counsel may require and request that additional information be submitted by a Class Member who submits a Claim. Such Class Members shall have until the later of thirty (30) days from the date of the request from Class Counsel or the Claims Bar Deadline to rectify the deficiency. Any person who does not

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respond to such a request for information within this period shall be forever barred from receiving any payments pursuant to the Settlement, subject to any order of the Court to the contrary, but will in all other respects be subject to and bound by the provisions of this Agreement and the releases contained herein.

13.5 By agreement between Class Counsel and Counsel for the Defendants, the Claims Bar Deadline may be extended. The Parties shall agree to extend the Claims Bar Deadline if, in their opinions, doing so will not adversely affect the efficient administration of the Settlement and it is in the best interests of the Class to do so.

Disputes Concerning the Decisions of the Administrator

13.6 The validity of claims by Class Members shall be determined by Class Counsel working with Counsel for the Defendants in an effort to confirm the identity of Class Members, ideally relying upon business records maintained by the Defendants.

13.7 If there is a dispute about the validity of a claim by a Class Member that cannot be resolved, the dispute shall be determined by the judge appointed pursuant to s. 34 of the Class Proceedings Act in a manner determined by her/him;

13.8 In the event that a Class Member disputes the decision of Class Counsel regarding the validity of a claim, whether in whole or in part, the Class Member may appeal the decision to the Court. The decision of the Court will be final with no right of appeal.

13.9 No action shall lie against Class Counsel or Counsel for the Defendants relating to any decision made in the administration of this Agreement and/or the design and/or application of the Distribution Protocol, without an order from the Court authorizing such an action.

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Conclusion of the Administration

13.10 Following the Claims Bar Deadline, and in accordance with the terms of this Agreement, the Distribution Protocol and such further approval or order of the Court as may be necessary, or as circumstances may require, the Claims Administrator, which will likely be Deloitte LLP, shall distribute the net Escrow Settlement Amount to Authorized Claimants.

13.11 No claims or appeals shall lie against Class Counsel or the Claims Administrator based on distributions made substantially in accordance with this Agreement, the Distribution Protocol, or with any other order or judgment of the Court.

13.12 If the Escrow Account is in a positive balance (whether by reason of tax refunds, un-cashed cheques or otherwise) after one hundred eighty (180) days from the date of distribution of the net Escrow Settlement Amount to the Authorized Claimants, the Claims Administrator shall, if feasible, allocate such balance among Class Members with valid claims in an equitable and economic fashion. Any balance which still remains thereafter shall be allocated to Canadian Red Cross (Ontario).

13.13 Upon conclusion of the administration, the Claims Administrator shall, through Class Counsel, provide an accounting to the Parties for all payments made from the Escrow Account.

SECTION 14 — THE FEE AGREEMENT AND CLASS COUNSEL FEES

Motion for Approval of Class Counsel Fees

14.1 At the Approval Hearing, Class Counsel may seek the approval of Class Counsel Fees, HST and disbursements to be paid as a first charge on the Settlement Amount.

14.2 The Defendants acknowledge that they are not parties to the motion concerning the approval of Class Counsel Fees, they will have no involvement in the approval process to determine the amount of Class Counsel Fees and they will not take any position or make any submissions to

TO R_LAVV\ 9842921\5

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the Court concerning Class Counsel Fees, except as requested and required by the Court. Subject to the foregoing, the Plaintiff will provide the Defendants with notice of the motion to approve Class Counsel Fees and copies of the materials filed with the Court; and, the Defendants and their counsel are entitled to attend any motion for approval of Class Counsel Fees.

14.3 The procedure for, and the allowance or disallowance by the Court of any requests for Class Counsel Fees to be paid out of the Settlement Amount are not part of the Settlement provided for herein, and are separate and distinct from consideration of the fairness, reasonableness, and adequacy of the Settlement provided for herein.

14.4 Any order or proceeding relating to Class Counsel Fees, or any appeal from any order relating thereto or reversal or modification thereof, shall not operate to terminate or cancel this Agreement or affect or delay the finality of the Approval Order and the Settlement of the Actions provided herein.

Payment of Class Counsel Fees

14.5 In accordance with Section 6.1(a) herein, on or after the Effective Date the Claims Administrator shall pay from the Escrow Account to Class Counsel in trust the Class Counsel Fees approved by the Court.

SECTION 15 — MISCELLANEOUS

Motions for Directions

15.1 Any one or more of the Parties, Class Counsel or the Claims Administrator may apply to the Court for directions in respect of any matter in relation to this Agreement.

15.2 All motions contemplated by this Agreement shall be on notice to the Parties.

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Defendants Have No Responsibility or Liability for Administration

15.3 Except for the obligations in respect of the performance of the obligations under Section 4.1 and 13.6 the Defendants shall have no responsibility for and no liability whatsoever with respect to the implementation of this Agreement and the Distribution Protocol, including, without limitation, the processing and payment of claims by the Claims Administrator.

Headings, etc.

15.4 In this Agreement:

(a) the division of this Agreement into sections and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of this Agreement;

(b) the terms "the Agreement", "this Agreement", "herein", "hereto" and similar expressions refer to this Agreement and not to any particular section or other portion of the Agreement;

(c) all amounts referred to are in lawful money of Canada; and

15.5 In the computation of time in this Agreement, except where a contrary intention appears:

(a) where there is a reference to a number of days between two events, they shall be counted by excluding the day on which the first event happens and including the day on which the second event happens, including all calendar days; and

(b) only in the case where the time for doing an act expires on a holiday, the act may be done on the next day that is not a holiday.

TOR_LA\M 9842921\5

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Governing Law

15.6 This Agreement shall be governed by and construed and interpreted in accordance with the laws of the Province of Ontario.

15.7 The Parties agree that the Court shall retain exclusive and continuing jurisdiction over this Proceeding, the Parties and Class Members to interpret and enforce the terms, conditions and obligations under this Agreement and the Approval Order.

Severability

15.8 Any provision hereof that is held to be inoperative, unenforceable or invalid in any jurisdiction shall, upon the agreement of all of the Parties, be severable from the remaining provisions which shall continue to be valid and enforceable to the fullest extent permitted by law.

Entire Agreement

15.9 This Agreement and the Collateral Agreement constitute the entire agreement among the Parties and supersedes all prior and contemporaneous understandings, undertakings, negotiations, representations, promises, agreements, agreements in principle and memoranda of understanding in connection herewith. None of the Parties will be bound by any prior obligations, conditions or representations with respect to the subject matter of this Agreement and the Collateral Agreement, unless expressly incorporated herein. This Agreement may not be modified or amended except in writing and on consent of all Parties and any such modification or amendment must be approved by the Court.

Binding Effect

15.10 If the Settlement is approved by the Court and becomes final as contemplated in Section Section 10, this Agreement shall be binding upon, and enure to the benefit of, the Plaintiffs, the Class Members, the Defendants, Class Counsel, the Releasees and the Releasors, the

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insurer(s), or, any of them, and all of their respective heirs, executors, predecessors, successors and assigns. Without limiting the generality of the foregoing, each and every covenant and agreement made herein by the Plaintiffs and the Defendants shall be binding upon all Releasors and Releasees, as applicable.

Survival

15.11 The representations and warranties contained in this Agreement shall survive its execution and implementation.

Negotiated Agreement

15.12 This Agreement and the underlying settlement have been the subject of arm's length negotiations and many discussions among the undersigned and counsel. Each of the undersigned has been represented and advised by competent counsel, so that any statute, case law, or rule of interpretation or construction that would or might cause any provision to be construed against the drafters of this Agreement shall have no force and effect. The Parties further agree that the language contained in or not contained in previous drafts of the Agreement, or any agreement in principle, shall have no bearing upon the proper interpretation of this Agreement.

Recitals

15.13 The recitals to this Agreement are true, constitute material and integral parts hereof and are fully incorporated into, and form part of, this Agreement.

Acknowledgements

15.14 Each Party hereby affirms and acknowledges that:

(a) its signatory has the authority to bind the Party for which it is signing with respect to the

matters set forth herein and has reviewed this Agreement; and

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(b) the terms of this Agreement and the effects thereof have been fully explained to it by his or its counsel;

(c) he, she or its representative fully understands each term of this Agreement and its effect. Counterparts

15.15 This Agreement may be executed in counterparts, all of which taken together will be deemed to constitute one and the same agreement, and a signature delivered by email or facsimile shall be deemed an original signature for purposes of executing this Agreement.

Confidentiality and Communications

15.16 In any public discussion of, comment on, press release or other communication of any kind (with the media or otherwise) about this Agreement, the Plaintiffs and Class Counsel agree and undertake to describe the Settlement and the terms of this Agreement as fair, reasonable and in the best interests of the Class.

15.17 Nothing in this Section shall prevent the Parties or their counsel, or any of them, from reporting to their clients, from complying with any order of the Court, or from making any disclosure or comment required by this Agreement, or from making any necessary disclosure or comment for the purposes of any applicable securities or tax legislation or from making any disclosure or comment to Class Members or the Court or for the purposes of any proceedings as between the Defendants.

15.18 Without limiting the generality of the foregoing, the Parties specifically agree that the Parties will not make any public statements, comment or any communication of any kind about any negotiations or information exchanged as part of the settlement process, unless required to do so by law. For greater certainty, to the extent that there is public discussion of, comment on or communication of any kind about this Agreement, the Parties and their counsel agree and

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undertake to make no statement or comment that the Agreement is other than fair, reasonable

and in the best interests of the Class, unless required to do so by law.

Notice

15.19 Any notice, instruction, motion for Court approval or motion for directions or Court orders sought in connection with this Agreement or any other report or document to be given by any party to any other party shall be in writing and delivered personally, by facsimile or during normal business hours, or sent by registered or certified mail, or courier postage paid:

For Plaintiffs

Sean Brown

Candace Mak

Jean-Claude Rioux

Flaherty McCarthy LLP

95 Wellington St W, Suite 1000

Toronto, ON M5J 2N7

Telephone; (416) 368-0231

Email: seanfmlaw.com

For Defendant Estate of Erzsebet Jaszi

Sandra Barton

Josh Hanet

Gowling WLG (Canada) LLP

100 King St W

Suite 1600

Toronto, ON MSX 1G5

Telephone: (416) 814-5674

Email: sandra.bartonqowlinqw1q.com

For the Defendant Joseph Stephen Farkas

Scott Hutchinson

Ken Grad

Henein Hutchison LLP

235 King Street E, 1st Floor

Toronto, ON M5A 1J9

Telephone: (416) 368-5000

Email: shutchisonhhIlp.ca

For the Defendant Viktor Serhey Hohots

Ian Epstein

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Blaney McMurtry LLP

2 Queen St. E, Suite 1500

Toronto, ON M5C 3G5

Telephone: (416) 593-2974

Email: iepsteinblanev.com

Date of Execution

15.20 The Parties have executed this Settlement Agreement as of the date on the cover page.

July 8, 2020

Date:

Flaherty McCarthy LLP on their own behalf, as Class Counsel and as counsel for the Plaintiffs

July 15, 2020

Date:

Gowling WLG (Canada) LLP as counsel for the Defendant Estate of Erzsebet Jaszi

Date:

Henein Hutchison LLP as counsel for the

Defendant Joseph Stephen Farkas

July 15, 2020

Date:

Blaney McMurtry LLP as counsel for the

Defendant Viktor Serhey Hohots

Schedule B

NOTICE OF COURT ORDER (LONG FORM)

Order for Settlement Approval and Counsel Fee Approval

Horvath v. Jaszi, Court File No. CV-17-579770-00CP

Galamb v. Farkas, Court File No. CV-17-584224-00CP

Rezmuves v. Hohots, Court File No. CV-17-573786-00CP

PLEASE READ THIS NOTICE CAREFULLY. IT MAY AFFECT YOUR RIGHTS

YOU MAY NEED TO TAKE PROMPT ACTION

WHAT THIS NOTICE CONTAINS

A. BASIC INFORMATION

1. Who is this Notice for?

2. Why is there a Notice?

3. What is the Action about?

4. What is the Settlement?

5. What fees were approved for Class Counsel?

B. MAKING A CLAIM

1. Who is entitled to make a claim for a portion of the Settlement?

2. How do I make a claim?

3. Who determines if I have a valid claim?

C. GETTING MORE INFORMATION

D. CLAIM FORM

A. BASIC INFORMATION

1. Who is this Notice For?

This Notice is for:

All refugee claimants (on their own behalf and on behalf of their spouse, children, grandchildren, parents, grandparents, siblings or dependents):

(a) who came to Canada from Hungary, and

(b) who retained either of Viktor Serhey Hohots, Joseph Stephen Farkas and Erzsebet Jaszi (now deceased) between January 1, 2009 through December 31, 2013, to make a refugee application, and

(c) whose refugee claim failed or did not proceed while they were represented by either of Viktor Serhey Hohots, Joseph Stephen Farkas and Erzsebet Jaszi (now deceased).

2. Why is there a Notice?

On September 11, 2020, the Court approved a settlement of this Class Action (the "Settlement") and fees payable to Class Counsel. The Settlement was found by the Court to be fair, reasonable, and in the best interests of the Class.

This Notice advises Class members that the Settlement was approved, and that Class Counsel's fees and disbursements, were approved. It provides information about the terms of the approved Settlement and the process whereby Class members may submit a claim.

3. What is this action about?

The Class Actions assert that Viktor Serhey Hohots, Joseph Stephen Farkas and Erzsebet Jaszi (now deceased) separately provided negligent legal services to the class members between 2009 and 2013, resulting in the delay or denial of refugee application hearings.

Following several years of negotiations, the plaintiffs and the defendants in the Class Actions reached an agreement to certify and settle the Class Proceedings, subject to approval of the Ontario Superior Court of Justice.

The Class Proceedings were certified by the Court on August 19, 2019. A copy of the Certification Order and Reasons can be found at www.refugeeclassaction.com. Flaherty McCarthy LLP was appointed to represent the class in the Class Actions (“Class Counsel”).

The Settlement is a compromise of disputed claims in order to achieve an early full and final resolution of the Class Actions and without any admission or findings of liability or wrongdoing against defendants. The defendants deny any liability and deny the truth of the allegations made against them. If the Settlement is not approved, they will defend the Class Action and oppose certification of the action as a class proceeding.

4. What is the Settlement?

The parties have negotiated a settlement of the Class Actions which has been approved by the Court as fair, reasonable, and in the best interests of the Class. The Settlement is a compromise of disputed claims, without any admission or findings of liability or any wrongdoing whatsoever by the defendants. The defendants deny any liability and deny the truth of the allegations made against them, and if the Settlement had not been approved, they would be defending the Class Action and opposing certification of the Class Action.

The detailed terms of the Proposed Settlement are set out in the settlement agreement between the parties. A copy of it can be found at www.refugeeclassaction.com. Hohots, Farkas and Jaszi will pay a total of $500,000 to the members of the Hohots Class, Farkas Class and Jaszi class (the “Settlement Funds”), as well as $50,000 payable for costs, HST and disbursements.

The Settlement Funds will be reduced by Class Counsel fees approved by the Court, as well as administration costs. A portion of the Settlement Funds will be payable to the Class Proceedings Fund.

Once the claims period has expired, payments under the settlement agreement will be distributed directly to Class Members by Ricepoint, appointed by the Court as the Claims Administrator (“the Administrator”). The payments are on the basis of a pro rata (equal share) calculation, to a maximum payment of $5,000 each. There is no appeal of the administration/distribution of the Settlement Funds.

5. What fees were approved for Class Counsel?

The Court has approved as fair and reasonable: (1) Class Counsel's fees of $__________________________________ plus HST for its costs in the Class Actions; and (2) Class Counsel's disbursements in the amount of $__________________________ plus HST. Class Counsel's legal fees of $___________________________ is approximately _________% of the Settlement Fund. Class Counsel have not been paid since the actions were commenced and have been working under a contingency fee arrangement that called for them to be paid 30% of the proceeds of any settlement or judgment. Class Counsel has borne all expenses and risks prosecuting the Class Actions to date.

B. MAKING A CLAIM

1. Who is entitled to make a claim for a portion of the Settlement?

All Class members who do not opt out of this action are entitled to share in the net Settlement Fund, after deduction of legal fees, applicable taxes, disbursements, the payment to the Class Proceedings Fund, and Administration Expenses.

Each Class member who submits a valid claim form will receive one equal share of the Settlement, claimed on his or her own behalf, and on behalf of his or her spouse, children, parents and the parents of his or her spouse.

2. How do I make a claim?

Class Members who wish to receive compensation must mail a completed Claim Form to Class Counsel before XXXXXXXXXXXXX at 5:00 P.M. (EST). This is the Claims Deadline.

The Claim Form is available at www.refugeeclassaction.com under the Settlement Information section.

Claimants will be required to provide proof of their identity and attest to various statements.

If you do not deliver a claim form by the Claim Deadline, then you will not be able to receive a portion of the Settlement Fund.

3. Who determines if I have a valid claim?

Due to the complexities of the Class Actions and the need to maximize the amount payable to class members, the parties have agreed, and the Court has approved, a Claims Process principally administered by Class Counsel.

Class Counsel will provide the Claim Form on its website and other social media platforms, and shall collect completed Claims Forms until the expiry of the Claims Deadline. Class Counsel shall communicate with claimants should there be any deficiencies with the Claim Form.

Upon expiry of the Claims Deadline, Class Counsel shall consult with counsel for the defendants to determine and, where possible, confirm that claimants are valid class members who are entitled to a share of the Settlement Fund. Any disagreement between Class Counsel and counsel for the defendants can be resolved by returning to Court for a Judge to decide.

Upon expiry of the Claims Deadline, and after consultation with counsel for the Defendants, Class Counsel shall direct the court-appointed Administrator, in this case Ricepoint, to make payments by cheque payable to valid claimants, to be mailed to their designated address as indicated on the Claim Form. It will be the sole responsibility of the class member to deposit or cash the cheque.

C. GETTING MORE INFORMATION

For more information, or if you have any questions, please contact Class Counsel at the address below:

FLAHERTY MCCARTHY LLP

ATTENTION: SEAN A. BROWN

TORONTO-DOMINION CENTRE

95 WELLINGTON STREET WEST, SUITE 1000

TORONTO, ON M5J 2N7

EMAIL: INFO@REFUGEECLASSACTION.COM

THIS NOTICE WAS APPROVED BY THE ONTARIO SUPERIOR COURT OF JUSTICE.

ROMA CLASS PROCEEDINGS – CLAIM FORM

You MUST submit this Claim Form to the following address before XXXXXXXXXXXXX at 5:00 P.M. (EST):

ROMA REFUGEE CLASS PROCEEDING

FLAHERTY MCCARTHY LLP

TORONTO-DOMINION CENTRE

95 WELLINGTON STREET WEST, SUITE 1000

TORONTO, ON M5J 2N7

1. Please print or type clearly:

Name (the full name and correct spelling that you used when you retained your lawyer)

Email

Address

Telephone

Client of (choose only one)

□ Viktor Serhey Hohots □ Joseph Stephen Farkas □ Erzsebet Jaszi

Years during which I was represented:

□ 2009 □ 2012 □ 2010 □ 2013 □ 2011

2. You MUST provide a photocopy of your Government-issued identification (front and back) with this completed Claim Form. Your claim may not be considered or approved if you do not provide proof of your identity.

3. If your claim will be considered, you MUST place a check in EACH box:

□ I solemnly affirm and attest that I understand that my Claim may be denied if I complete my Claim Form in a manner making it difficult to read or understand, if I fail to provide the required proof of identity, and/or if I fail to check every box below;

□ I solemnly affirm and attest that I was a client of either Viktor Serhey Hohots, Joseph Stephen Farkas or Erzsebet (“my Lawyer”) between 2009 and 2013;

□ I solemnly affirm and attest that I am making a claim on behalf of myself, my spouse, my children, my parents and the parents of my spouse;

□ I solemnly affirm and attest that, while represented by my lawyer, my initial claim for refugee status was denied at first instance, including whether my Immigration Hearing was dismissed, withdrawn or otherwise not heard at first instance;

□ I solemnly affirm and attest that I waive solicitor and client privilege by completing and submitting the Claim Form;

□ I solemnly affirm and attest that I understand my claim, if approved, may result in a cheque being provided to me that I must deposit or cash at a bank or financial institution of my choice, and I hereby release and discharge Class Counsel and Counsel for the Defendants should I be unable to deposit or cash the cheque;

□ I solemnly affirm and attest that I understand my claim, if denied, permits me to appeal the decision to the Ontario Superior Court of Justice In Toronto;

□ I solemnly affirm and attest that I understand that by completing this Claim Form, I hereby release Viktor Serhey Hohots, Joseph Stephen Farkas or Erzsebet Jaszi from all claims, demands, actions, suits, causes of action (whether class, individual or otherwise in nature; whether personal or subrogated, including assigned claims; whether known or unknown; asserted or unasserted; regardless of the legal theory, existing now or arising in the future) by any or all of the Plaintiffs or the Class Members, arising out of or relating in any way to the legal representation provided by anyone of the Defendants to any of the Plaintiffs, and any claims which were raised or could have been raised in the Actions. Released Claims include, without limitation: (i) all claims for damages including but not limited to punitive, aggravated, statutory and other multiple damages or penalties of any kind, known or unknown, suspected or unsuspected, actual or contingent, liquidated or unliquidated, in law, under statute, or common law or in equity, and (ii) remedies of whatever kind or character, known or unknown, that are now recognized by law or equity or be that may created and recognized in the future by statute, regulation, judicial decision, or in any other manner, including but not limited to injunctive and declaratory relief; recovery for economic or business losses or disgorgement of revenues or profits and restitutions, and (iii) costs, expenses, class administration expenses, and lawyers’ fees (including Class Counsel Fees), and (iv) prejudgment and post-judgment interest.

4. You MUST date and sign this Claim Form for it to be valid:

Date Signature

ROMA CLASS PROCEEDINGS – CLAIM FORM

You MUST submit this Claim Form to the following address before XXXXXXXXXXXXX at 5:00 P.M. (EST):

ROMA REFUGEE CLASS PROCEEDING

FLAHERTY MCCARTHY LLP

TORONTO-DOMINION CENTRE

95 WELLINGTON STREET WEST, SUITE 1000

TORONTO, ON M5J 2N7

1. Please print or type clearly:

Name (the full name and correct spelling that you used when you retained your lawyer)

Email

Address

Telephone

Client of (choose only one)

□ Viktor Serhey Hohots □ Joseph Stephen Farkas □ Erzsebet Jaszi

Years during which I was represented:

□ 2009 □ 2012 □ 2010 □ 2013 □ 2011

2

2. You MUST provide a photocopy of your Government-issued identification (front and back) with this completed Claim Form. Your claim may not be considered or approved if you do not provide proof of your identity.

3. If your claim will be considered, you MUST place a check in EACH box:

□ I solemnly affirm and attest that I understand that my Claim may be denied if I complete my Claim Form in a manner making it difficult to read or understand, if I fail to provide the required proof of identity, and/or if I fail to check every box below;

□ I solemnly affirm and attest that I was a client of either Viktor Serhey Hohots, Joseph Stephen Farkas or Erzsebet (“my Lawyer”) between 2009 and 2013;

□ I solemnly affirm and attest that I am making a claim on behalf of myself, my spouse, my children, my parents and the parents of my spouse;

□ I solemnly affirm and attest that, while represented by my lawyer, my initial claim for refugee status was denied at first instance, including whether my Immigration Hearing was dismissed, withdrawn or otherwise not heard at first instance;

□ I solemnly affirm and attest that I waive solicitor and client privilege by completing and submitting the Claim Form;

□ I solemnly affirm and attest that I understand my claim, if approved, may result in a cheque being provided to me that I must deposit or cash at a bank or financial institution of my choice, and I hereby release and discharge Class Counsel and Counsel for the Defendants should I be unable to deposit or cash the cheque;

□ I solemnly affirm and attest that I understand my claim, if denied, permits me to appeal the decision to the Ontario Superior Court of Justice In Toronto;

□ I solemnly affirm and attest that I understand that by completing this Claim Form, I hereby release Viktor Serhey Hohots, Joseph Stephen Farkas or Erzsebet Jaszi from all claims, demands, actions, suits, causes of action (whether class, individual or otherwise in nature; whether personal or subrogated, including assigned claims; whether known or unknown; asserted or unasserted; regardless of the legal theory, existing now or arising in the future) by any or all of the Plaintiffs or the Class Members, arising out of or relating in any way to the legal representation provided by anyone of the Defendants to any of the Plaintiffs, and any claims which were raised or could have been raised in the Actions. Released Claims include, without limitation: (i) all claims for damages including but not limited to punitive, aggravated, statutory and other multiple damages or penalties of any kind, known or unknown, suspected or unsuspected, actual or contingent, liquidated or unliquidated, in law, under statute, or common law or in equity, and (ii) remedies of whatever kind or character, known or unknown, that are now recognized by law or equity or that may be created and recognized in the future by statute, regulation, judicial decision, or in any other manner, including but not limited to injunctive and declaratory relief; recovery for economic or business losses or disgorgement of revenues or profits and restitutions, and (iii) costs, expenses, class administration expenses, and lawyers’ fees (including Class Counsel Fees), and (iv) prejudgment and post-judgment interest.

4. You MUST date and sign this Claim Form for it to be valid:

Date Signature

CLASS ACTION

Contingency Fee Retainer Agreement Retainer

1. Istvan Rezmuves (the "Client") hereby retains and employs Flaherty McCarthy LLP (“Class Counsel”) as his lawyers to act on his behalf with respect to a proposed class action on behalf of the Client and other members of the proposed class against Viktor Hohots.

Institution of Class Action

2. Class Counsel shall institute a class proceeding pursuant to the Class Proceedings Act 1992, S.O. 1992, c. 6, and shall, subject to instructions from the Client, take such actions and conduct such proceedings as it may consider necessary and proper to prosecute the class action.

3. If, (a) another class member wishes to act as the class representative, and (b) such other class member is acceptable to Class Counsel as a class representative, then Class Counsel may enter into a contingency fee agreement in a form identical or substantially similar to this agreement and may seek to add another class representative to the pleadings.

Terms of Payment of Fees and Disbursements

4. The Client has chosen to retain Class Counsel by way of a contingency fee agreement. The provisions of this agreement regarding fees and disbursements are subject to court approval as provided in the Class Proceedings Act 1992, S.O. 1992, c. 6, and the Solicitors’ Act R.S.O. 1990, c. S.15.

5. Legal Fees shall be paid only in the event the class action is successful in obtaining judgment on the common issues in favour of some or all class members, or in obtaining a settlement that benefits one or more class members. The fees shall be paid by a lump sum payment or payments out of the proceeds of such judgment or settlement.

6. Class Counsel’s Legal Fees shall be 30% of the amounts recovered by the class or class members under any judgment(s), order(s), report(s) on a reference, or settlement(s) (including damages and interest, but excluding any amount(s) awarded or agreed to that is separately specified as being in respect of costs and disbursements), plus the applicable taxes.

7. In addition to the Legal Fees, Class Counsel shall be reimbursed from the proceeds of any judgment or settlement for all disbursements inclusive of taxes expended on behalf of the Client and/or the class, as further specified below.

8. Class Counsel and the Client acknowledge it is difficult to estimate what the expected Legal fees will be, however, the following are examples:

(a) If the class action results in a recovery of $10 million for damages and interest, and $500,000 for costs, then Class Counsel’s Legal Fees shall be ($10,000,000 x 30%) = $3,000,000 plus taxes, and plus disbursements and taxes expended, and the class shall receive $7,500,000, less the taxes on $3,000,000, and less the disbursements and taxes incurred;

(b) If the class action results in a recovery of $10 million for damages inclusive of interest and costs, then Class Counsel’s Legal Fees shall be ($10,000,000 x 30%) = $3,000,000 plus taxes, and plus disbursements and taxes incurred, and the class shall receive $7,000,000, less the taxes on $3,000,000 and less the disbursements and taxes incurred.

9. In the event that a settlement is reached or the judgment obtained does not provide for the payment of monetary damages by the Defendants to the class, or monetary damages are not the primary relief sought or obtained, then the Legal Fees to be paid to Class Counsel will not be a percentage of the amounts recovered by the class or class members. Rather, the Legal Fees will be the costs agreed to be paid by the Defendants, and approved by the court in any settlement, or the costs as awarded by the court in respect of any judgment at the trial of the common issues.

10. The Client shall not be obliged to fund any disbursements. Any disbursements paid by Class Counsel shall be secured by way of a first charge on the results of any judgment or settlement. If an application to the Class Proceedings Fund is made, and it makes an award to cover costs of any disbursements, then the disbursement will first be paid from the Class Proceedings Fund payments, to the extent provided for in the award. Ultimately, if the action is successful, the disbursements paid by Class Counsel and the Class Proceedings Fund will be reimbursed out of the proceeds of judgment or settlement. The disbursements that are likely to be incurred will include, but are not limited to, such expenses as photocopying and binding, laser copies, court filing fees, official examiner’s fees, expert witness fees, courier charges, telephone and facsimile charges, document processing and imaging fees, travel expenses, internet management, and the costs of publishing notices to the class. The Client authorizes Class Counsel to incur such disbursements as it considers reasonably necessary to prosecute the class action.

11. If during the course of the class action the court awards costs to the Client on a motion or other interlocutory proceeding and such costs are paid by the Defendants, such costs shall be paid to Flaherty McCarthy LLP, in trust, and Class Counsel may apply such costs against disbursements incurred, or may hold such funds in trust to be applied towards future disbursements, or to be applied toward the ultimate Legal Fees payable under this agreement. Costs awards are generally made by the court to a litigant who is successful in a proceeding, or a step in a proceeding and are meant to indemnify the litigant for part of the expenses incurred by them. They are generally based upon factors set forth in the Rules of Civil Procedure and what the losing party would reasonably be expected to pay for costs. Substantial indemnity costs will reimburse a greater proportion of the costs than will partial indemnity costs. Unless otherwise ordered by a judge, a litigant entitled to costs will be awarded costs on either a partial indemnity or a substantial indemnity basis. Similarly, if the Client is responsible for paying any costs contribution or award, he will be liable to pay them on a partial indemnity or substantial indemnity scale, unless the court orders otherwise.

12. Class Counsel has agreed to indemnify and hold the Client harmless with respect to any award of costs against the Client that may be ordered in this proceeding following a summary judgment motion brought by the Client, or following the common issues trial.

13. The Client acknowledges that he has discussed with Class Counsel options for retaining Class Counsel other than by way of a contingency fee agreement, including retaining Class Counsel by way of an hourly-rate retainer. The Client acknowledges that he has been advised that hourly rates may vary among solicitors, and that he can speak to other solicitors to compare rates. The Client further acknowledges that he understands that all the usual protections and controls in retainers between a solicitor and client as defined by the Law Society of Upper Canada and the common law apply to this agreement.

14. The Client acknowledges that he has been advised of his right to ask the Superior Court of Justice to review and approve Class Counsel’s bills rendered under this agreement within six months after their delivery.

15. Subject to paragraph 9, in no event shall Class Counsel recover more in Legal Fees than the class recovers in damages or receives by way of settlement.

16. The Client agrees and directs that all funds claimed by Class Counsel for Legal Fees, costs, disbursements and taxes shall be paid to Flaherty McCarthy LLP, in trust, from any judgment or settlement.

Appeal

17. If there is an appeal of any judgment rendered in this action following a summary judgment motion brought by the Client, or following the common issues trial, then Class Counsel shall be entitled to fees equal to 40% of the total proceeds, calculated on the same basis as paragraphs 5-8, above, subject to the increased percentage amount.

Consortium for Common Issues and Class Wide Issues

18. The Client acknowledges that, in view of the complex nature of the case, Class Counsel may require the assistance of additional lawyers to work on the common issues and class wide issues in the contemplated class action. The Client hereby authorizes Class Counsel to assemble and maintain a consortium of lawyers to conduct the class action, as they deem fit. Class Counsel shall have overall responsibility for the conduct of the case. Class Counsel may change their composition and assign tasks among consortium members as they consider advisable from time to time. The legal fees for the consortium shall be treated as part of Class Counsel's Legal Fees and shall be determined as set out above.

Class Proceedings Fund Application

19. In the event the Client wishes to apply for financial support to the Class Proceedings Fund, Class Counsel will represent the Client in such application, and will make all necessary submissions to seek funding and if granted, to obtain the funding and give the necessary notices, and take all other actions necessary in respect thereto.

Change of Solicitors

20. The Client acknowledges that Class Counsel is incurring a significant financial risk in agreeing to be paid only in the event the action is successful, and that Class Counsel is doing so on the basis that they will have carriage of the lawsuit. If the Client changes solicitors (or otherwise terminates Class Counsel's retainer) and there is no remaining class representative to prosecute the Class Proceeding, the Client agrees:

(a) he will pay for all the disbursements incurred by Class Counsel; or he will agree in writing that these disbursements will be a first charge on any proceeds of settlement or judgment in the action;

(b) in the event the action is successful Class Counsel will be entitled to be paid a fee based upon either: (a) the number of hours worked, multiplied by the usual hourly rate of the lawyers, students and clerks who worked on prosecuting the action during the currency of the retainer (the “Base Fee”), and multiplied by the "Multiplier" set by the court, or (b) if a percentage fee is approved by the court, then its pro-rata share of the total costs award, based upon Class Counsel’s Base Fee, and the Base Fee of the firm or firms who subsequently are retained by the Client where the ratio is determined by taking Class Counsel’s Base Fee as the numerator and the total of all firms’ Base Fees as the denominator, and such amounts shall be a first charge on the proceeds of any judgment or settlement; and

(c) in the event the lawsuit is unsuccessful or discontinued or abandoned by the Client and the change of solicitors was not for just cause, the Client will be personally liable to Class Counsel for the amount of the Base Fee notwithstanding paragraphs 4 - 10 of this agreement. Any dispute as to whether just cause exists shall be determined by a single arbitrator, to be mutually agreed upon, and the Arbitration Act, 1991 shall apply.

Client to Act in Best Interests of the Class

21. The Client retains the right to make all critical decisions regarding the conduct of the action only up to certification as a class proceeding. Thereafter, all decisions must be made solely in the best interests of the class.

22. The Client acknowledges the obligation to act in the best interests of the class and that Class Counsel is not obliged to follow instructions from the Client which are, in their professional opinion, not in the best interests of the class once the action has been certified as a class proceeding.

Disagreement regarding Settlement

23. If (a) the Defendants, or any one or more thereof, make an offer to settle the claims of the class, (b) Class Counsel considers the proposed settlement to be in the best interests of the class, (c) Class Counsel recommends acceptance of such offer to the Client, and (d) the Client does not consider the proposed settlement to be acceptable, then a counteroffer to settle shall be made to the Defendant upon such terms as the Client considers to be appropriate. If, within 14 days, such counteroffer is not accepted by the Defendant and no improved Defendant's offer is made which is acceptable to the Client, then Class Counsel is hereby irrevocably authorized to accept the Defendant's offer or the improved Defendant's offer, as the case may be, subject to court approval, and on the motion for such court approval an affidavit fully disclosing Client's concerns about the proposed settlement shall be filed with the court.

Class Members' Individual Lawyers

24. (a) It is acknowledged that the court may require separate individual damage assessments for class members. Further, the court could (i) provide for an "aggregate" assessment of damages for class members and then distribute shares to the individual members.

(b) It is acknowledged that every class member is entitled (i) to retain a personal lawyer to deal with individual issues affecting that class member (e.g. the quantum of damages for the individual class member) and/or (ii) to opt out of the class action, in the manner prescribed by the court, and sue separately or not sue at all.

(c) To the extent practical, Class Counsel will endeavour to conduct the class action (i) to minimize the number of class members who retain personal lawyers and (ii) to co-operate with the personal lawyers retained by various class members for individual issues.

(d) Class Counsel will provide summary advice to class members who do not have personal lawyers, but they are not responsible for preparing the individual damage claims of such class members or performing other individual work for individual class members under this agreement.

Confidentiality

25. The Client acknowledges being advised that the communications between Class Counsel and the Client relating to the claims of the class are legally privileged and that such privilege may be lost if the Client discloses such information to third persons, and that the interests of the class could thereby be adversely affected. The Client agrees to protect the confidentiality of such information and to discuss the matter with Class Counsel prior to disclosing any solicitor-client communications (whether oral or written) to any third person.

Severability

26. In the event that any particular provision or provisions of this agreement or a part of any provisions in this agreement is found to be void, voidable, or unenforceable for any reason whatever, then the particular provision or provisions or part of the provision shall be deemed severed from the remainder of this agreement and all other provisions shall remain in force.

Other

27. The Client understands that discussions between himself and Class Counsel are confidential. The Client also understands, however, that Class Counsel must collect, use and disclose personal information about him in the course of advancing the claim. For example, court documents filed on the Client’s behalf may include his name and the nature of his involvement with the Defendant. The Client hereby consents to Class Counsel collecting, using and disclosing this information only for the direct purpose of advancing the claim. The Client understands that he may direct any questions about the use and disclosure of personal information to Class Counsel and Class Counsel’s staff at any time.

28. Where this agreement is signed by more than one client, the singular “I”, “me”, “my” shall be construed to mean the plural “we”, “us”, “our”. Where it is necessary to commence more than one claim to advance my interests, the singular “claim” shall be construed to mean the plural “claims”.

Entire Agreement

29. It is agreed there is no representation, warranty, collateral agreement, or condition affecting this agreement except as expressed in it.

Dated at Toronto this th day of , 2017.

____________________________ _______________________________ (Witness) Istvan Rezmuves

Address:

____________________________ ________________________________ (Witness) Flaherty McCarthy LLP

95 Wellington Street West

Suite 1000

Toronto, Ontario

M5J 2N7

Per:

I acknowledge having translation at the time this agreement was executed, and I executed and received a copy of this contingency fee retainer agreement, executed this th day of , 2017.

________________________________ Istvan Rezmuves

[^1]: S.O. 1992, c. 6.

[^2]: Rezmuves v. Hohots, 2019 ONSC 4871

[^3]: Kidd v. Canada Life Assurance Company, 2013 ONSC 1868; Farkas v. Sunnybrook and Women’s Health Sciences Centre, [2009] O.J. No. 3533 at para. 43 (S.C.J.); Fantl v. Transamerica Life Canada, [2009] O.J. No. 3366 at para. 57 (S.C.J).

[^4]: Kidd v. Canada Life Assurance Company, 2013 ONSC 1868; Farkas v. Sunnybrook and Women’s Health Sciences Centre, [2009] O.J. No. 3533 at para. 45 (S.C.J.); Fantl v. Transamerica Life Canada, [2009] O.J. No. 3366 at para. 59 (S.C.J.); Corless v. KPMG LLP, [2008] O.J. No. 3092 at para. 38 (S.C.J.); Jeffery v. Nortel Networks Corp., 2007 BCSC 69; Fakhri v. Alfalfa's Canada, Inc., 2005 BCSC 1123.

[^5]: Baxter v. Canada (Attorney General) (2006), 2006 CanLII 41673 (ON SC), 83 O.R. (3d) 481 at para. 10 (S.C.J.).

[^6]: Al-Harazi v. Quizno’s Canada Restaurant Corp. (2007), 49 C.P.C. (6th) 191 at para. 23 (Ont. S.C.J.).

[^7]: Parsons v. Canadian Red Cross Society, [1999] O.J. No. 3572 at para. 70 (S.C.J.); Dabbs v. Sun Life Assurance Company of Canada (1998), 1998 CanLII 14855 (ON SC), 40 O.R. (3d) 429 (Gen. Div.).

[^8]: McCarthy v. Canadian Red Cross Society (2007), 158 ACWS (3d) 12 at para. 17 (Ont. S.C.J.); Fraser v. Falconbridge Ltd., [2002] O.J. No. 2383 at para. 13 (S.C.J.).

[^9]: Welsh v. Ontario, 2018 ONSC 3217.

[^10]: Fischer v. I.G. Investment Management Ltd., [2010] O.J. No. 5649 at para. 25 (S.C.J.); Smith v. National Money Mart, 2010 ONSC 1334 at paras. 19-20, varied 2011 ONCA 233; Parsons v. Canadian Red Cross Society, 2000 CanLII 22386 (ON SC), [2000] O.J. No. 2374 at para. 13 (S.C.J.).

[^11]: Fischer v. I.G. Investment Management Ltd., [2010] O.J. No. 5649 at para. 28 (S.C.J.); Smith v. National Money Mart, 2010 ONSC 1334, varied 2011 ONCA 233.

[^12]: Commonwealth Investors Syndicate Ltd. v. Laxton, [1994] B.C.J. No. 1690 at para. 47 (B.C.C.A.).

[^13]: Windisman v. Toronto College Park Ltd., [1996] O.J. No. 2897 at para. 28 (Gen. Div.).

[^14]: Sutherland v. Boots Pharmaceutical plc, supra; Bellaire v. Daya, [2007] O.J. No. 4819 at para. 71. (S.C.J.); McCarthy v. Canadian Red Cross Society, [2007] O.J. No. 2314 (S.C.J.).

[^15]: Toronto Community Housing Corp. v. ThyssenKrupp Elevator (Canada) Ltd., 2012 ONSC 6626; Markson v. MBNA Canada Bank, 2012 ONSC 5891 at paras. 55-71.

[^16]: Robinson v. Rochester Financial Ltd., 2012 ONSC 911 at paras. 26-44.

[^17]: Charette v. Trinity Capital Corp., 2019 ONSC 3153 ($50,000); Toth v. Canada, 2019 FC 125 ($50,000); Brown v. Canada (Attorney General), 2018 ONSC 3429 ($20,000); Cannon v. Funds for Canada Foundation, 2017 ONSC 2670 ($50,000).