Class Action Update May 21, 2008

Class Action Update May 21, 2008

To: All Class Members in DuPont Canada Engineering Resin Class Action

Re: Update on DuPont Resin Pricing Class Action

Following the decision of the Ontario Superior Court of Justice certifying the action as a class proceeding, formal Notices were sent to all companies in Canada engaged in the manufacture of plastic components for the automotive sector. The overwhelming majority of class members, including your company, opted to remain in the class action.

Following certification, we applied to the Class Proceedings Fund which provides funding to important class proceedings. We were pleased to receive notification recently that the Fund has approved this case for funding. This funding will cover costs such as the cost of third party experts which we will be required to retain as this case moves forward.

DuPont sought permission to appeal the certification decision to the Divisional Court. We also sought permission to appeal on behalf of the class in respect of one aspect of the case which was not certified by the court. On May 16, 2008, the Divisional Court released its decision denying permission to appeal to both sides. This means that the certification decision stands and the matter proceeds to the next stage, known as discoveries.

Under Ontario law, no class member other than the representative plaintiff (i.e. Axiom Plastics Inc.) can be examined for discovery.

If you have any questions, please contact David Sterns ( or Jonathan Lisus, at our co-counsel, McCarthy Tétrault LLP (