ONTARIO SUPERIOR COURT OF JUSTICE

CLASS ACTION CERTIFICATION AND SETTLEMENT FOR MOONSHIN TATTOO CUSTOMERS

If you attended the Moonshin Tattoo Parlour in Peel Region between March 1, 2005 and February 11, 2009 and received a tattoo or body piercing, your rights could be affected by a settlement.

A settlement has been reached in a class action commenced on behalf of all persons who received tattoos or body piercing services at the Moonshin Tattoo Parlour located in Peel Region, between March 1, 2005 and February 11, 2009, and who were potentially exposed to Hepatitis B, C and HIV.  For the purposes of giving effect to the settlement, the proceeding has been certified as a Class Action.  The settlement provides benefits to Class Members (defined below).  The settlement does not mean that any law has been broken or that the Defendants did anything wrong.

BASIC INFORMATION

This Notice is being sent to advise you of your right to know about a settlement of a class action lawsuit, and about your options.  The Court has made a final decision and has approved the Settlement.  An Administrator has been appointed by the Court to make payments for any approved claims received by the Class Members.

This Notice package explains the lawsuit, the Settlement, what benefits are available, who is eligible for them, and how to get them, as well as the rights of Class Members.

The Court in charge of the case is the Ontario Superior Court of Justice.

The Plaintiffs allege that all persons who received tattoos or body piercing services at the Moonshin Tattoo Parlour located in Peel Region, between March 1, 2005 and February 11, 2009, were potentially exposed to Hepatitis B, C and HIV. 

In a class action, one or more individuals, sometimes referred to as class representatives or named plaintiffs, sue on behalf of other individuals who have similar claims against the defendant.  All of these individuals together make up the class or class members in the action.  One court resolves the issues for the entire class, with the exception of those individuals who request exclusion from the class.

In order to avoid the high costs of a trial and provide compensation to the affected individuals, both parties agreed to a settlement.  The Court did not decide in favour of the Plaintiffs or the Defendants.  The Class Representative and Class Counsel believe that the Settlement is fair, reasonable and in the best interest of everyone who may have been affected.

WHO IS INCLUDED IN THE SETTLEMENT?

The following persons are Members of the Class:

1. All persons who purchased and/or received tattoos or body piercings from Moonshin Tattoo at any time between March 1, 2005 and February 11, 2009 and who contracted Hepatitis B or C or HIV ("Infected Persons");
   
   
2. All persons who purchased and/or received tattoos or body piercings from Moonshin Tattoo at any time between March 1, 2005 and February 11, 2009 and were exposed to the risk of infection from Hepatitis B or C or HIV as a result of
   
   

   i.	handling, using or having unsterilized equipment and instruments used on them;
   ii.	from coming into contact with a person who handled, used or had used on them unsterilized equipment and instruments; or
   iii.	coming into contact with an infected person or cross-infected;and did not contract Hepatitis B or C or HIV (“Uninfected Persons”).

3. All living parents, grandparents, children, grandchildren, siblings, spouses and same sex partners (within the meaning of s. 61 of the Family Law Act) of Infected Persons or Uninfected Persons (“Family Law Claimants”).

You are eligible to participate in the Settlement and receive settlement benefits if you are a member of the Class, as described above.

If you are still unsure whether you are part of the Class and/or Settlement, help is available for free by calling the Litigation Administrator at 1-866-669-6615 or by visiting the case website at www.tattooclassaction.com.

THE SETTLEMENT BENEFITS – WHAT DO YOU GET?

The Settlement Agreement provides that the total recovery by and on behalf of the Class is $1,100,000.00.

The Settlement provides that the Regional Municipality of Peel has established a fund of $900,000.00 to pay all Uninfected Persons an equal award of monetary damages of no less than $125.00 and no more than $225.00 each. 

The Regional Municipality of Peel has established a fund of $200,000.00 to pay all Infected Persons an amount of damages to be determined by the arbiter, upon establishing to the satisfaction of the arbiter that an infection of Hepatitis B or C or HIV resulted from receiving a tattoo or body piercing at the Moonshin Tattoo Parlour between March 1, 2005 and February 11, 2009. 

The amounts payable to Uninfected Persons and Infected Persons includes amounts payable, if applicable, for any Family Law Claimants.   Accordingly, a Family Law Claimant is not entitled to submit a claim.

HOW TO GET A PAYMENT – SUBMIT A CLAIM FORM

To request compensation, you must complete and submit a Claim Form.  You can submit a Claim Form by mail or by fax.  The attached Claim Form and Claim Form Instructions describe what documentation you must provide to prove your claim and receive payment.  Please read the instructions carefully, fill out the Claim Form, and mail or fax it postmarked no later than July 30, 2011 at 5:00 p.m. EST to the address on the form.  The Claim Form is yellow in colour.

If you are an Uninfected Person, and your name does not appear on a Customer List in the possession of the Litigation Administrator, you will have to prove that you obtained a tattoo or body piercing at Moonshin Tattoo at any time between March 1, 2005 and February 11, 2009.  This can include, but is not limited to, an original receipt or proof of payment.

If you are an Infected Person, you will have to prove that your infection is a result of receiving a tattoo or body piercing at Moonshin Tattoo at any time between March 1, 2005 and February 11, 2009.  This can include, but is not limited to, proof of infection, medical records, and decoded OHIP summary.

Unless you request exclusion from the Class, you will be part of the Class, and that means that you can’t sue, continue to sue, or be part of any other lawsuit against Moonshin Tattoo, Charles A. Mason, Evelyne E. Smith, The Regional Municipality of Peel, also known as Region of Peel or Peel Region, and Peel Public Health, about the legal issues in this case.  It also means that all of the Court’s orders will apply to you and legally bind you.  If you sign the Claim Form, you will agree to the “Release of Claims” attached to the claim form, which describes exactly the legal claims that you are giving up if you get settlement benefits.

HOW TO REQUEST EXCLUSION FROM THE CLASS – OPT OUT

If you don’t want to be legally bound by the settlement, you must opt out by submitting an Opt Out Form to the Litigation Administrator, who must receive your Opt-Out form by no later than July 30, 2011 at 5:00 p.m. EST.  If you do not opt out by this deadline, you will not be able to start a lawsuit against Moonshin Tattoo, Charles A. Mason, Evelyne E. Smith, The Regional Municipality of Peel, also known as Region of Peel or Peel Region, and Peel Public Health on your own about the legal claims in this case.  If you would like to opt out, please fill out the attached Opt Out Form and return it to the address provided.  The Opt Out Form is blue in colour.

Class Members wishing to opt out of the Class, must do so by July 30, 2011 at 5:00 p.m. EST.

Class Members who have commenced individual proceedings against the Defendants which are ongoing at the time of publication of the Short Form Notice and who do not opt out of the Class by the opt out deadline, will be bound by the terms of the Settlement Agreement and are deemed to have consented to a dismissal of their actions without costs, whether or not the Class Member submits a claim or receives compensation.

Any individuals who do not opt out are barred from commencing an action against the Defendants at a later time concerning the legal claims in this case.

If you opt out, you will not receive any benefits from the Settlement, however, you will retain your right to start a lawsuit against Moonshin Tattoo, Charles A. Mason, Evelyne E. Smith, The Regional Municipality of Peel, also known as Region of Peel or Peel Region, and Peel Public Health on your own about the legal claims in this case. 

THE LAWYERS REPRESENTING YOU

Class Members are represented by Todd J. McCarthy and Sean A. Brown of the law firm of Flaherty Dow Elliott & McCarthy.  The firm’s Toronto office is located at 120 Adelaide St. W., Suite 2501, Toronto, Ontario M5H 1T1.  If you have specific questions for Class Counsel, they can be reached by telephone at 416-368-0231. 

You will not be charged for the services of Class Counsel.  However, if you wish to be represented by your own counsel, you may hire a lawyer at your own expense.

The Ontario Superior Court of Justice has approved the Settlement and payment of Class Counsel’s fees and disbursements of $325,000.00 (inclusive of applicable taxes).

IF I DO NOTHING

If you do nothing, you will not receive compensation from this Settlement.  In addition, unless you exclude yourself, you will not be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against Moonshin Tattoo, Charles A. Mason, Evelyne E. Smith, The Regional Municipality of Peel, also known as Region of Peel or Peel Region, and Peel Public Health about the legal issues in this case.

GETTING MORE INFORMATION

For more information, visit www.tattooclassaction.com or contact the Administrator at the address listed below:

Tattoo Class Action
c/o Deloitte & Touche LLP
181 Bay Street, Suite 1400
Toronto, Ontario
M5J 2V1

Toll Free:  1-866-669-6615