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 proposed settlement

What is this notice?

This is a Court approved Notice to Class Members of the Order made by the Superior Court of Justice for Ontario dated February 14, 2011 in Court file number CV-09-00374447 CP.  This Notice describes the nature of the Class action and the proposed settlement. It describes the rights of Class Members with respect to the Certification and with respect to the upcoming Motion for Court Approval of the Settlement. 

What is the Settlement about?

A Class Action was 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.  On behalf of all potential claimants, the Plaintiff claims that Moonshin failed to operate its premises in accordance with appropriate standards and that the Peel Region Health Department failed to adequately inspect the Moonshin Tattoo Parlour in accordance with the Health Protection and Promotion Act and the Personal Services Setting Protocol.

The Ontario Superior Court of Justice will be asked to certify the action as a Class Proceeding and approve a Settlement Agreement that has been reached between the parties. 

Who is a Class Member?

The following persons are Members of the Class:

What does the settlement provide?

The proposed settlement provides that:

This Notice is only a summary of the Settlement Agreement.  Further particulars concerning the proposed settlement, including a copy of the Settlement Agreement and the Order of the Ontario Superior Court of Justice dated February 14, 2011 can be obtained from Class Counsel’s website at www.tattooclassaction.com or by writing to Flaherty Dow Elliott & McCarthy at the address noted below.

Will the settlement be approved?

A Hearing for the purposes of certifying this action as a Class proceeding and seeking approval of the Settlement Agreement has been scheduled for April 11, 2011 at Osgoode Hall, 130 Queen Street West, Toronto, Ontario.  At that Hearing, the Court will determine whether the Settlement Agreement is in the best interest of the Class Members. 

What are my options at this time?

•           Objecting to the settlement offer - if you wish to appear at the Approval Hearing or object to this       proposed settlement, you are asked to submit a written objection to Flaherty Dow Elliott & McCarthy in   accordance with the procedures and deadlines prescribed in this Notice;

•           Opting-out of the settlement - if you wish to opt-out of this proposed Settlement Agreement, you must complete the opt-out-form that will be provided to you following Certification of the action as a Class proceeding and approval of the Settlement Agreement.  This opt-out form will be provided to you by mail and will also be available on Class Counsel’s website: www.tattooclassaction.com.  If you do not submit an opt-out form at all or if you do not submit an opt-out form by the opt-out deadline, you will be bound by all of the applicable Court’s Orders, the Release and other provisions of the settlement.

•           Supporting the settlement - if you wish to support the proposed settlement, you do not need to do    anything.  You do not need to submit any forms or attend at the Hearing;

•           Submitting a claim for compensation - if the action is certified as a Class Proceeding and if the settlement is approved, you will receive notice informing   you of the deadline in which to submit a claims package.  Claims packages will be provided to you by direct mail and may also be downloaded from Class Counsel’s website: www.tattooclassaction.com.

How are my rights affected if the settlement is approved?

If the Settlement Agreement receives the approval of the Court then Class Members will be bound by the terms of the Settlement Agreement unless they “opt-out”.  This means that the Class Members who do not opt-out will not be able to bring or maintain any other claim or Class Proceeding against the Defendants or any other person released by the Settlement Agreement in relation to the matters alleged in these proceedings.  If you opt-out, you will not be bound by the terms of the Settlement Agreement but you will not be eligible for any of the benefits of the Settlement Agreement.  This means that you will be barred from making a claim or receiving payment pursuant to the Settlement Agreement.

How do I receive benefits from this settlement?

If this matter is certified as a Class proceeding, and if the settlement is approved by the Court on April 11, 2011, you will be entitled to submit a claim package within ninety (90) days following the Settlement Approval Hearing or upon receiving an Order of the Court effecting settlement.  Class Members will obtain a claims package by direct mail or they may download the claims package from Class Counsel’s website: www.tattooclassaction.com.

Legal fees?

At the Approval Hearing, Class Counsel will request that the Court approve payment of legal fees and disbursements to Flaherty Dow Elliott & McCarthy in the amount of $325,000.00 following settlement approval to be paid forthwith by the Defendant.

Who represents me?

Todd J. McCarthy and Sean A. Brown of the law firm Flaherty Dow Elliott & McCarthy are Class Counsel.  Class Counsel’s address and contact information are set out below: