ONTARIO SUPERIOR COURT OF JUSTICE. OMAS, MICHAEL DAYAL, DOUGLAS ROBINSON, and DIANA - (vo SCANLON ks. - and -

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1 Court File No.: ONTARIO SUPERIOR COURT OF JUSTICE BETWEEN: SE MT\.-, OMAS, MICHAEL DAYAL, DOUGLAS ROBINSON, and DIANA - (vo SCANLON ks - and - Plaintiffs RAL OF CANADA, ONTARIO PUBLIC SERVICE EMPLOYEES' SION PLAN BOARD OF TRUSTEES, and ONTARIO PUBLIC SERVICE PENSION BOARD Proceeding under the Class Proceedings Act, 1992 Defendants NOTICE OF ACTION TO THE DEFENDANTS A LEGAL PROCEEDING HAS BEEN COMMENCED AGAINST YOU by the Plaintiffs. The claim made against you is set out in the Statement of Claim served with this Notice of Action, IF YOU WISH TO DEFEND THIS PROCEEDING, you or an Ontario lawyer acting for you must prepare a Statement of Defence in Form 18A prescribed by the Rules of Civil Procedure, serve it on the Plaintiffs' lawyer or, where the Plaintiffs do not have a lawyer, serve it on the Plaintiffs, and file it, with proof of service, in this Court Office, WITHIN TWENTY DAYS after this Notice is served on you, if you are served in Ontario. If you are served in another province or territory of Canada or in the United States of America, the period for serving and filing your Statement of Defence is forty days. If you are served outside Canada and the United States of America, the period is sixty days.

2 2 Instead of serving and filing a Statement of Defence, you may serve and file a Notice of Intent to Defend in Form 185 prescribed by the Rules of Civil Procedure. This will entitle you to ten more days within which to serve and file your statement of defence. IF YOU FAIL TO DEFEND THIS PROCEEDING, JUDGMENT MAY BE GIVEN AGAINST YOU IN YOUR ABSENCE AND WITHOUT FURTHER NOTICE TO YOU. IF YOU WISH TO DEFEND THIS PROCEEDING BUT ARE UNABLE TO PAY LEGAL FEES, LEGAL AID MAY BE AVAILABLE TO YOU BY CONTACTING A LOCAL LEGAL AID OFFICE. IF YOU PAY THE PLAINTIFF'S CLAIM, and $5,000 for costs, within the time for serving and filing your statement of defence, you may move to have this proceeding dismissed by the court. If you believe the amount claimed for costs is excessive, you may pay the plaintiff's claim and $400 for costs and have the costs assessed by the court. Date: 7/v Issued by: a-os. 4-Q Local registrar Address of court office: Ontario Superior Court of Justice 161 Elgin Street Ottawa, ON K2P 2K1 TO: AND TO: AND TO: ATTORNEY GENERAL OF CANADA Ontario Regional Office Department of Justice Canada The Exchange Tower 130 King Street West, Suite 3400, Box 36 Toronto, ON M5X 1K6 ONTARIO PUBLIC SERVICE EMPLOYEES' UNION PENSION PLAN BOARD OF TRUSTEES 1 Adelaide Street East, Suite 1200 Toronto, ON ON M5C 3A7 ONTARIO PUBLIC SERVICE PENSION BOARD 200 King Street West, Suite 2200 Toronto, ON M5H 3X6

3 3 CLAIM 1. The Plaintiffs claim: a. An order authorizing the Plaintiffs to bring a representative action pursuant to Rule on behalf of the following persons: All persons that are members of the Public Service Alliance of Canada who transferred their pensions from the OPSEU Pension Plan or the Public Service Pension Plan to the Public Service Superannuation Plan after they accepted employment with the Canada Revenue Agency as part of the Ontario Sales Tax Administration Reform ("OSTAR") process, and whose pension transfers were calculated on the basis of the actuarial assumptions that took effect on November 1, 2012; All persons that are members of the Professional Institute of the Public Service of Canada who transferred their pensions from the OPSEU Pension Plan or the Public Service Pension Plan to the Public Service Superannuation Plan after they accepted employment with the Canada Revenue Agency as part of the OSTAR process, and whose pension transfers were calculated on the basis of the actuarial assumptions that took effect on November 1, 2012; Or such other group of persons as may be approved by the Court ("Members");

4 4 b. In the alternative, an order certifying this action as a class proceeding pursuant to the Class Proceedings Act, 1992, and appointing the plaintiffs as representative plaintiffs for the following classes: i. All persons who transferred their pensions from the OPSEU Pension Plan to the Public Service Superannuation Plan after they accepted employment with the Canada Revenue Agency as part of the OSTAR process, and whose pension transfers were calculated on the basis of the actuarial assumptions that took effect on November 1, 2012; ii. All persons who transferred their pensions from the Public Service Pension Plan to the Public Service Superannuation Plan after they accepted employment with the Canada Revenue Agency as part of the OSTAR process, and whose pension transfers were calculated on the basis of the actuarial assumptions that took effect on November 1, 2012; Or such other class definitions as may be approved by the Court ("Class Members"); c. General and special damages in the amount of $25,000,000 or such other sum as this Court finds appropriate at the trial of the common issues or at a reference or references;

5 5 d. An order directing a reference or references or giving such directions as may be necessary to determine issues not determined at the trial of the common issues; e. Pre-judgment interest and post-judgment interest in accordance with the Courts of Justice Act, RSO 1990, c C.43; f. Their costs for this action on a substantial indemnity basis, including Harmonized Sales Tax; and, g. Such further and other relief that this Honourable Court deems just. Nature of the Claim 2, The Plaintiffs and the Members/Class Members ceased employment with the Ontario Ministry of Revenue and accepted employment with the Canada Revenue Agency as part of the Ontario Sales Tax Administration Reform process. They were given the opportunity to transfer their pensions from their respective provincial pension plans (the OPSEU Pension Plan or the Public Service Pension Plan, as the case may be) to the Public Service Superannuation Plan. The terms of the pension transfers were prescribed in two documents titled Memorandum of Agreement (Transfer of Pension Funds and Related Service) ("Pension Transfer Agreements"). 3. The Plaintiffs and the Members/Class Members received requested to transfer their pensions by signing their Appendix B1 forms on or after November 1,

6 6 2012, The cost of their pension transfers were calculated pursuant to the actuarial assumptions that took effect on November 1, 2012, pursuant to the Actuarial Report on the Pension Plan for the Public Service of Canada, tabled before Parliament on or around June 21, As will be pleaded with greater particularity in the Statement of Claim, the Plaintiffs plead negligent misrepresentation on their own behalf and on behalf of the Members/Class Members against the Defendants, for their failure to inform the Plaintiffs and Members/Class Members of information that was relevant to their decisions to transfer their pensions, including: a. the existence of the periodic review of actuarial assumptions underlying the Public Service Superannuation Plan, pursuant to the Public Pensions Reporting Act; b. the revisions to the actuarial assumptions, tabled before Parliament on or around June 21, 2014, which would take effect November 1, 2012; and/or, c. that the cost of transferring their pensions would increase if their Appendix B1 forms were signed on or after November 1, 2012, in light of the revised actuarial assumptions. 5. As will be pleaded with greater particularity in the Statement of Claim, the Plaintiffs plead breach of fiduciary duty on their own behalf and on behalf of the

7 7 Members/Class Members against the Defendants, for their failure to make full disclosure of all material information regarding the pension transfer process. 6. As will be pleaded with greater particularity in the Statement of Claim, the Plaintiffs plead negligence on their own behalf and on behalf of the Members/Class Members against the Defendants, for their failure to process the Plaintiffs' and Members'/Class Members' requests for transfers of their pensions within the timelines prescribed in the Pension Transfer Agreements, or within a reasonable time. 7. The Plaintiffs and Members/Class Members have sustained damages as a result of the Defendants' conduct, as above, to be pleaded with greater particularity in the Statement of Claim. Date: October 31, 2014 RAVEN, CAMERON, BAL ANTYNE & VA BECK LLP/s.r.l. 220 Laurier Avenue West, Suite 1600 Ottawa, ON KIP 5Z9 Per: Andrew Raven, LSUC #: Per: Amanda Montague-Reinholdt, LSUC #:62600E Tel.: (613) Fax: (613) Solicitors for the Plaintiffs

8 Court File No.: SEAN THOMAS, MICHAEL DAYAL, DOUGLAS ROBINSON, and DIANA SCANLON Plaintiffs - and - ATTORNEY GENERAL OF CANADA, ONTARIO PUBLIC SERVICE EMPLOYEES' UNION PENSION PLAN BOARD OF TRUSTEES, and ONTARIO PUBLIC SERVICE PENSION BOARD Defendants ONTARIO SUPERIOR COURT OF JUSTICE Proceeding commenced at Ottawa, Ontario NOTICE OF ACTION RAVEN, CAMERON, BALLANTYNE & YAZBECK LLP/s.r.l. Barristers and Solicitors Laurier Ave. West Ottawa, ON KIP 5Z9 Tel: (613) Fax (613) Andrew Raven LSUC # 18234S araven(aravenlaw.com Amanda Montague-Reinholdt LSUC # 62600E amontague-reinholdt ravenlaw.com Solicitors for the Plaintiffs