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June 5, 2014
We are pleased to advise that a settlement has been reached and the case has now been certified by the Superior Court as a class action for the purpose of giving effect to the settlement.
The settlement still requires final Court approval. That approval will be sought on August 15, 2014 at 10:00am at Courtroom 5, 130 Queen Street West, Toronto, ON.
Under the terms of the settlement, the defendants have agreed to pay $350,000. If you have previously reported your claim to us or to the defendants, you may be entitled to a cash award of between $500 to $3,000 without the need to provide any proof that you consumed the affected chocolate milk or became sick. The information you have already provided will be taken as true, and you will be eligible to receive cash depending on how many days you told us or the defendants you were sick. Your entitlement will be based on the following grid:
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Length of Illness Claimed
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Damages, including Pre-judgment Interest, Out-of-Pocket Expenses, and Loss of Income
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Illness lasting 1 -2 days
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$500.00
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Illness lasting 2-3 days
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$1,000.00
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Illness lasting 3-4 days
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$1,500.00
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Illness lasting 4-5 days
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$2,000.00
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Illness lasting 5-6 days
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$2,500.00
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Illness lasting 6-7 days
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$3,000.00
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If you claimed, or now choose to claim, that you were seriously ill from drinking the affected chocolate milk, or that you were ill for more than 7 days, you can claim an additional amount of up to $25,000; however, you will need to provide documentary proof that you drank the affected chocolate milk (eg: receipt or a picture of the milk carton) and that you got sick as a result (eg: doctor's notes).
If you have not previously reported your claim to us or to the defendants, you may still be entitled to compensation under the settlement, but you will need to provide documentary proof that you drank the affected chocolate milk and that you got sick as a result.
This is only a brief summary of the settlement. The full settlement, along with a more detailed explanation of your rights and obligations, can be found on the settlement website at:
http://www.milksettlement.ca/
If you previously contacted us or the defendants, you can expect to hear from the Claims Administrator within the coming weeks.
We are available to answer any of your questions, but we encourage you to contact the Claims Administrator directly, since it is the Claims Administrator and not us who will be determining your claim. You can call the Claims Administrator toll-free at 1-877-602-7978.
If you do not wish to participate in the settlement, you may "opt out" of it in writing. To do so, please contact the Claims Administrator before JULY 21, 2014. You may also object to the settlement by writing to the Claims Administrator.
February 2005
A Toronto man fell ill after consuming a Sealtest brand tainted chocolate milk processed and distributed by Natrel. Natreal then conducted a voluntary recall. Numerous media reports were published of other persons becoming ill after ingesting the chocolate milk product.
McPhadden Samac Tuovi launched an $11 million class action against the company in the Ontario Superior Court of Justice.
The claim seeks damages on behalf of the representative plaintiff and all others who became ill after consuming the tainted milk.
“It is exactly these sort of situations that class proceedings are designed to deal with”, said Zoran Samac.
Attached is a copy of the issued Statement of Claim 
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If you or someone you know has suffered illness as result of consuming Sealtest chocolate milk you are invited to contact the law firm for a free assessment of your case. For your convenience, you may complete our free online Tainted chocolate milk assessment and we will then begin assessing your ability to participate in the class action.
If you have previously registered with McPhadden Samac Tuovi and have not replied to our requests for information about your claim, please contact us without further delay.