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Behr Wood Coatings

Consumers filed a class action lawsuit in B.C. against U.S. paint manufacturer Behr Process Corporation and its Canadian affiliate, Behr Process Canada Ltd. The action related to two products manufactured by Behr - Natural Seal Plus and Super Liquid Raw-Hide. White Rock lawyer Joe Prodor teamed up with class action law firm Branch MacMaster to represent the homeowners, who sought to represent all Canadian consumers of the products in a class action.

The allegations against Behr are set out in the Amended Statement of Claim. Behr's response to those allegations is found in the Statements of Defence.

In a decision dated August 12, 2003, Mr. Justice Oppal of the B.C. Supreme Court certified the case as a class action. Behr appealed that decision to the B.C. Court of Appeal; however the appeal was adjourned pending settlement discussions between Behr and the class.

Those settlement discussions have resulted in a Settlement Agreement which was signed by the parties at the beginning of June.

Following the signing of the Settlement Agreement an initial notice was provided to potential class members advising of the dates on which the courts in B.C. and Ontario would review, and hopefully, approve the Settlement Agreement.

The B.C. and Ontario hearings took place on July 25, 2005 and September 14, 2005, respectively. Both courts approved the Settlement Agreement, and as explained in the second notice to class members, it can now be implemented according to the terms agreed to by the parties.

In accordance with those terms, the final date for opting out of the settlement is December 13, 2005. For those class members participating in the settlement, the deadline for submission of completed claims application forms is July 15, 2006.

To receive more information on the settlement and to register to receive a package of the claims application forms, you can contact the settlement administrator as follows:

Canadian Behr Wood Sealant Class Administrator
P.O Box 3 - 505
133 North Weber Street
Waterloo, Ontario N2J 3G9
Toll free telephone number: 1-800-305-2942
Toll free fax number: 1-888-842-1332

You can also visit the website for the settlement administrator at www.behrsettlement.ca.

If, after doing that, you still have questions concerning the settlement, you can contact Joe Prodor toll free at 1-877-577-6367 (local number: (604) 536-4676; email: jprodor@axionet.com) or Shayna Cohene of Branch MacMaster at (604) 654-2952 (email: scohene@branmac.com).