File No.

CI 21-01- '311

THE QUEEN'S BENCH

Winnipeg Centre

BETWEEN:

LAWRENCE LEWSEY as representative of the estate of ETHEL LEWSEY,

deceased, and EDDIE CALISTO-TAVARES as representative of the estate of
MANUEL CALISTO, deceased,

plaintiffs,
- and -

REVERA INC., AXR OPERATING (NATIONAL) LP,

AXR OPERATING (NATIONAL) GP INC.,
REVERA LTC MANAGING GP INC., AXIUM INFRASTRUCTURE INC., and
WINNIPEG REGIONAL HEALTH AUTHORITY,

defendants.

Proceeding under The Class Proceedings Act, S.M. 2002, c. 14

STATEMENT OF CLAIM 1 1-01

ti N,, 1(1 2021

TAPPER CUDDY LLP DIAMOND & DIAMOND

Barristers and Solicitors LAWYERS LLP
1000-330 St. Mary Avenue 500-255 Consumers Road
Winnipeg, MB R3C 3Z5 Toronto, ON M2J 1R4

CHRIS WULLUM DARRYL SINGER

cwullum@tappercuddy.com darryl@diamondlaw.ca

T: (204)944-8777 T:(416)256-1600
F: (204)947-2593 F:(416)256-0100

File No. 036525-0001

 THE QUEEN'S BENCH
Winnipeg Centre

BETWEEN:

LAWRENCE LEWSEY as representative of the estate of ETHEL LEWSEY,

deceased, and EDDIE CALISTO-TAVARES as representative of the estate of
MANUEL CALISTO, deceased,
plaintiffs,

- and -

REVERA INC., AXR OPERATING (NATIONAL) LP,

AXR OPERATING (NATIONAL) GP INC.,
REVERA LTC MANAGING GP INC., AXIUM INFRASTRUCTURE INC., and
WINNIPEG REGIONAL HEALTH AUTHORITY,

defendants.
STATEMENT OF CLAIM

TO THE DEFENDANTS

A LEGAL PROCEEDING HAS BEEN COMMENCED AGAINST YOU by the

plaintiff. The claim made against you is set out in the following pages.

I F YOU WISH TO DEFEND THIS PROCEEDING, you or a Manitoba lawyer

acting for you must prepare a statement of defence in Form 18A prescribed by the
Queen's Bench Rules, serve it on the plaintiff's lawyer or, where the plaintiff does not
have a lawyer, serve it on the plaintiff, and file it in this court office, WITHIN TWENTY
DAYS after this statement of claim is served on you, if you are served in Manitoba.

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.

I F YOU FAIL TO DEFEND THIS PROCEEDING, JUDGMENT MAY BE GIVEN

AGAINST YOU IN YOUR ABSENCE AND WITHOUT FURTHER NOTICE TO YOU.
S.BORNN
Date: May 2021 Issued by: DF,PUTY REGISTRAR
1:40NitVR6pir4
COURT OF
AcliOR$Sittf\ladat Office:
408 York Avenue
Winnipeg, Manitoba R3C OP9
TO: Revera Inc.
c/o Pitblado LLP
2500 — 360 Main Street
Winnipeg, Manitoba
R3C 4H6

TO: AXR Operating (National) LP

c/o Pitblado LLP
2500 — 360 Main Street
Winnipeg, Manitoba
R3C 4H6

TO: AXR Operating (National) GP Inc.

c/o Pitblado LLP
2500-360 Main Street
Winnipeg, Manitoba
R3C 4H6

TO: Revera LTC Managing GP Inc.

c/o Pitblado LLP
2500-360 Main Street
Winnipeg, Manitoba
R3C 4H6

TO: Axium Infrastructure Inc.

2020 Robert-Bourassa Blvd.
Suite 2500
Montreal, Quebec
H3A 2A5

TO: Winnipeg Regional Health Authority

650 Main Street
Winnipeg, Manitoba
R3B 1E2
 CLAIM

1. The plaintiffs claim against the defendants on their own behalf and on behalf of

the Class of plaintiffs as will be defined herein:

a) An Order certifying this action as a class proceeding pursuant to The

Class Proceedings Act, S.M. 2002, c. 14, and appointing the plaintiffs

herein as representative plaintiffs on behalf of the Class;

b) General damages;

c) Damages for loss of companionship pursuant to The Fatal Accidents Act,

C.C.S.M., c. F50;

d) Special damages including funeral expenses and any subrogated

Manitoba Health account;

e) Exemplary damages including aggravated and punitive damages;

f) An Order directing a reference or such other direction as may be

necessary to determine issues not determined at the time of the common

issues;

g) Pre and post judgment interest in accordance with The Court of Queen's

Bench Act, C.C.S.M., c. C-280 and amendments thereto;

h) Costs of this action; and

)
i Such further and other relief as counsel may advise or this Honourable

Court may deem just.

 2

The Plaintiffs:

2. The plaintiff Lawrence Lewsey, retired, resides in Winnipeg, Manitoba and is the

son of the late Ethel Lewsey who was a resident at the Maples Personal Care Home in

Winnipeg, Manitoba and who died on November 2, 2020 from complications of COVID-

19.

3. The plaintiff Lawrence Lewsey brings this action on behalf of the estate of the

late Ethel Lewsey pursuant to The Trustee Act, R.S.M. 1987, c T160 and under the

provisions of The Fatal Accidents Act, C.C.S.M., c. F50 for the benefit of himself and the

other family members, the particulars of which will be delivered in due course.

4. The plaintiff Eddie Calisto-Tavares, a business owner/consultant, resides in

Winnipeg, Manitoba and is the daughter of the late Manuel Calisto who was a resident

at the Maples Personal Care Home in Winnipeg, Manitoba and who died on November

1 1, 2020 from complications of COVID-19.

5. The plaintiff Eddie Calisto-Tavares brings this action on behalf of the estate of

the late Manuel Calisto pursuant to The Trustee Act, R.S.M. 1987, c. T160 and under

the provisions of The Fatal Accidents Act, C.C.S.M., c. F50 for the benefit of herself and

the other family members, the particulars of which will be delivered in due course.

The Defendants:

6. The defendant Revera Inc. is a Canadian corporation that conducts the business

of owning and operating long term care homes in Manitoba including the Maples

Personal Care Home in Winnipeg, Manitoba.

 3

7. The defendant AXR Operating (National) LP is a limited partnership registered to

do business in Manitoba, with its general partners being the defendants AXR Operating

(National) GP Inc. and Revera LTC Managing GP Inc. The defendant AXR Operating

(National) LP is a party to a Service Purchase Agreement for the operation of the

Maples Personal Care Home with the defendant Winnipeg Regional Health Authority.

8. The defendant AXR Operating (National) GP Inc. is a corporation registered to

do business in Manitoba, and is a general partner of the defendant AXR Operating

(National) LP which operates the Maples Personal Care Home in Winnipeg, Manitoba.

9. The defendant Axium Infrastructure Inc. is a corporation incorporated under the

Canada Business Corporations Act that does business in Manitoba as an infrastructure

investment firm. It is a joint venture partner with the defendant AXR Operating

(National) LP relating to the ownership of the Maples Personal Care Home in Winnipeg,

Manitoba.

10. The defendant Revera LTC Managing GP Inc. is a corporation registered to do

business in Manitoba, is a general partner of the defendant AXR Operating (National)

LP which operates the Maples Personal Care Home in Winnipeg, Manitoba, and is a

subsidiary of the defendant Revera Inc.

1 1. The above defendants are all owners, operators and/or managers of the Maples

Personal Care Home ("Maples") located at 500 Mandalay Drive in Winnipeg, Manitoba

which is a personal care home as defined and approved for operation under the

provisions of The Health Services Insurance Act, C.C.S.M., c. H35 and The Regional

Health Authorities Act, C.C.S.M., c. R34.

 4

1 2. Collectively, the aforementioned defendants are referred to herein as the "Revera

defendants".

1 3. The defendant Winnipeg Regional Health Authority (the "WRHA") is a body

corporate established under The Regional Health Authorities Act that is responsible for

providing the delivery and administration of health services in the Winnipeg health

region including the provision of health services associated with personal care homes.

The WRHA is specifically responsible for the approval of the operation of any personal

care homes in the Winnipeg health region, including Maples, and is also responsible for

ensuring operators of personal care homes are compliant with the prescribed standards

for personal care homes in the Winnipeg health region.

14. Further, the WRHA provides funding to the Revera defendants for the operation

of Maples and the care of its residents pursuant to the terms of the Service Purchase

Agreement. The WRHA is responsible to ensure the Revera defendants meet the

standards expected of a personal care home operator for Maples pursuant to the terms

of the Service Purchase Agreement and under the applicable legislation and

regulations.

1 5. The defendants are each vicariously liable for the acts and omissions of their

employees, agents and servants.

The Class:

16. The plaintiffs Lawrence Lewsey and Eddie Calisto-Tavares are the proposed

representative plaintiffs and bring this action as a class proceeding under The Class
 -5

Proceedings Act, S.M. 2002, c. 14 on their own behalf and on behalf of the following

proposed Class members (the "Class"):

a) All persons who contracted COVID-19 while being a resident at the

Maples Personal Care Home between October 2020 to present; and

b) All family members as defined under The Fatal Accidents Act and the

estates of those persons who contracted COVID-19 while being a resident

at the Maples Personal Care Home and who died of complications related

to COVID-19 between October 2020 to present.

The Nature of the Claim:

17. In January 2020, a novel coronavirus causing a disease now known as COVID-

19 was first identified as causing serious illness and deaths in and around Wuhan,

H ubei Province in China. On March 11, 2020, the World Health Organization declared a

pandemic in relation to COVID-19.

18. In March 2020, Manitoba began identifying its first cases of COVID-19. On or

about March 20, 2020, the Province of Manitoba declared a state of emergency to

elevate its response to the pandemic and equip the Province with a broader range of

resources to address the impact of COVID-19 in Manitoba.

19. As early as March 2020, based on experience with COVID-19 in other global

jurisdictions, it was well understood and accepted that older adults and those with pre-

existing medical conditions were at the highest risk for severe symptoms and would

have a higher mortality as a result of COVID-19.

 6

20. It was further understood and accepted that personal care homes were at

increased risk for transmission of COVID-19 given the age and medical condition of

their residents and the shared space and communal living arrangements.

21. Starting in March, the Revera defendants, as owners and operators of senior

care facilities in various jurisdictions across Canada, experienced outbreaks of COVID-

19 at several of their facilities during the first wave of COVID-19 in Canada. The

Revera defendants have reported that they experienced 87 outbreaks at their senior

care facilities across Canada during the first wave of COVID-19.

22. Residents of personal care homes are vulnerable members of society in

Manitoba given their age and typical health conditions, and are especially vulnerable to

the effects of COVID-19. Such residents depend upon and are reliant upon the

professional care and services provided by the owners and operators of personal care

homes to ensure their well-being and safety, as well as the health authorities that

oversee and license the operators of personal care homes in Manitoba.

23. Beginning in March 2020 and the months subsequently, various guidelines and

instructions for personal care homes for dealing with COVID-19, including infection

prevention and control, were published by the WRHA and Manitoba Health/Shared

Health. In addition the Government of Canada issued further guidelines for the care of

residents of long term care homes during COVID-19.

Events at Maples:

24. Maples is a personal care home with a capacity for up to 200 residents.
 -7

25. On or about October 18, 2020, staff at Maples identified a resident that resided

on the second floor as having symptoms indicative of COVID-19. On October 20, 2020,

test results for this resident confirmed that they were positive for COVID-19.

26. On October 20, 2020, an outbreak was publically declared at Maples by the

WRHA and Manitoba's Public Health. This outbreak lasted until January 12, 2021 when

the outbreak was declared over by the WRHA and/or the Province of Manitoba (the

"outbreak period").

27. On October 26, 2020, the first positive test for a first floor resident of Maples

occurred.

28. During the outbreak period, 157 residents of Maples had tested positive for

COVID-19 and at least 56 residents have since died from complications of COVID-19.

29. Further at least 73 staff of Maples tested positive for COVID-19 during the

outbreak period and were required to be absent from their staffing duties at Maples for

various periods of time while they recovered. In addition, several other staff of Maples

were required to be absent from their duties during the outbreak period in order to self-

isolate, or otherwise were absent on sick leave.

30. As a result of the staff absences, Maples suffered significant and critical staff

shortages and was unable to ensure the basic care needs of the residents were met

and was unable to ensure the safety of the residents and control or limit the spread of

COVID-19 amongst the residents and staff.

 8

31. The Revera defendants sought to use general labourers and security staff in the

care and protection of residents during the outbreak period.

32. The Revera defendants at multiple times during the outbreak period, advised the

WRHA that it was incurring staff shortages and requested assistance with filling its

staffing needs.

33. On November 2, 2020, the WRHA conducted an unannounced inspection at

Maples and identified concerns with staffing levels. However, the inspectors' letter

outlining these concerns and the observations from this visit were not shared with the

WRHA CEO until at least November 6, 2020.

34. On the evening of November 6, 2020, staff at Maples requested assistance from

the Winnipeg Fire and Paramedic Service with the assessment and acute care support

for its residents. Several Winnipeg Fire and Paramedic Service members attended to

Maples and provided such additional care including assisting in feeding and hydrating

various residents.

35. On November 7, 2020, the Province, through the Minister of Health, publically

advised that it had become aware of the critical situation at Maples and was seeking

further details and information from the Revera defendants.

36. At a media conference on November 7, 2020, representatives of the Revera

defendants stated incorrect and/or misleading information concerning staffing levels that

suggested staffing levels were greater at Maples on the evening of November 6th then

was in fact the case, and further shared this incorrect staffing information with the
 9

WRHA. The Revera defendants subsequently admitted that this information was

incorrect and provided details of the correct staffing levels.

37. On November 16, 2020, the Red Cross was eventually brought onsite to Maples

through requests from the WRHA to eventually assist with the staffing issues. This did

not occur until after public attention was brought from a social media post by a Winnipeg

Fire and Paramedic member who attended on November 6 and from the subsequent

media attention about the events on the evening of November 6th.

Ethel Lewsey and Manuel Calisto

38. Ethel Lewsey was a resident at Maples since April 18, 2019 and she entered into

a residency contract with the Revera defendants in which she paid monthly residence

fees in exchange for her care and services.

39. Ethel was tested for COVID-19 on or about October 27, 2020 and her son the

plaintiff Lawrence Lewsey was advised that she had tested positive for COVID-19 on

October 29, 2020.

40. On November 2, 2020, Ethel died from complications of COVID-19. She was 99

years of age at the time of her death.

41. During the outbreak period, the plaintiff Lawrence Lewsey further advised the

Minister of Health of the significant staffing shortages at Maples and the lack of care

and services being provided to its residents and their families.

 -10-

42. Manuel Calisto was a resident at Maples since July 2019 and entered into a

residency contract with the Revera defendants in which he paid monthly residence fees

i n exchange for his care and services.

43. Manuel was tested for COVID-19 on or about October 27, 2020 and his daughter

the plaintiff Eddie Calisto-Tavares was advised that he had tested positive for COVID-

19 on October 30, 2020.

44. On November 11, 2020 Manuel died from complications of COVID-19. He was

88 years of age at the time of his death.

45. During the outbreak period, the plaintiff Eddie Calisto-Tavares further advised the

Minister of Health of the significant staff shortages at Maples and the lack of care and

services being provided to its residents and their families.

46. The plaintiffs say that the defendants caused or materially contributed to Ethel

and Manuel's deaths from COVID-19 for the reasons as stated herein. They further

state that the other Class members suffered similar injuries and loss as a result of

contracting COVID-19 while residing at Maples which injury and loss was caused or

materially contributed to by the defendants as is further stated herein.

Causes of Action:

47. The plaintiffs say that the Revera defendants owed the residents at Maples and

their families a duty of care to:

 a) develop, update and implement suitable care plans for the residents and

ensure their care needs were met;

b) provide residents with a safe and clean environment;

c) ensure the medical care and nursing care needs of the residents were

met;

d) document and keep records concerning the residents' care, treatments

and condition;

e) communicate with the residents' caregivers and/or families concerning the

condition and well-being of the residents;

f) ensure there was a proper infection control program to minimize or

eliminate the transmission of infectious diseases, including COVID-19;

g) ensure sufficient staffing levels were maintained of skilled and competent

staff to provide for the well-being, safety and needs of the residents;

h) meet all legislative and contractual obligations of care and services for the

residents; and

)
i to otherwise provide a reasonable standard of care expected of a personal

care home in providing care and safety for their residents.

48. The plaintiffs state that the Revera defendants breached their duties of care and

were negligent in their care of the residents causing their injuries or deaths, particulars

of which include but are not limited to:

 - 12 -

a) failing to properly and adequately plan for and respond to an outbreak of

COVID-19 at Maples;

b) failing to properly implement or follow any plans or protocols to address

and contain COVID-19 during the outbreak period;

c) failing to apply lessons learned from outbreaks of COVID-19 that occurred

d uring the first wave at other senior care facilities operated by these

defendants;

d) failing to adequately screen and monitor staff and visitors to Maples for

COVID-19;

e) failing to properly supply and use personal protective equipment for staff

of Maples;

f) failing to properly and adequately train and educate staff on how to

prevent and contain the spread of COVID-19 at Maples;

g) failing to properly assess residents and staff for symptoms of COVID-19

and to test for same;

h) failing to properly cohort and/or physically distance residents during the

outbreak period to contain the spread of COVID-19;

)
i failing to ensure there was adequate staffing levels at Maples to care and

protect the residents in a safe and competent manner;

 - 13 -

D failing to ensure there was properly skilled, qualified and competent staff

at Maples to care for the residents' needs and ensure their well-being;

k) failing to properly sanitize, disinfect and deep clean areas of Maples to

prevent or minimize the spread of COVID-19;

)
I failing to ensure adequate care was provided to residents in accordance

with their care plans and ensure that they received a proper level of care

to maintain their well-being and safety, including hydration and nutrition;

m) failing to provide adequate medical and nursing care to the residents

d uring the outbreak period, including acute medical care;

n) failing to adequately document and keep records of the residents' medical

and nursing care, condition or status, and care plans;

o) failing to adequately communicate with residents' caregivers and/or

families as to their resident's status and condition;

p) failing to follow recommended practices and standards regarding the

containment and prevention of COVID-19 at personal care homes; and

q) generally failing to ensure the safety and well-being of residents of Maples

d uring the outbreak period.

49. As their principal caregivers, the Revera defendants further owed a fiduciary duty

to the residents of Maples. Particulars giving rise to this fiduciary duty include but are

not limited to the following:

 - 14 -

a) the residents' vulnerability given their age and physical and mental

conditions;

b) the residents' heightened dependency upon the Revera defendants and

its staff to provide a safe and protected environment;

c) the residents' heightened dependency upon the Revera defendants and

its staff to assist in determining their best options for care and treatment,

especially during the outbreak period;

d) the residents' complete dependency upon the Revera defendants to

ensure that it provided skilled and competent staff to keep them safe and

look after their well-being especially while caregivers and family were

generally not admitted to see the residents while in lock-down during the

outbreak period;

e) the residents' complete dependency upon the Revera defendants to

communicate with their caregivers and family as to their condition and

status especially given that they generally could not visit the residents

d uring the outbreak period; and

f) the Revera defendants' holding themselves out as possessing superior

ability and knowledge with respect to the care of such vulnerable persons.

50. The Plaintiffs say the defendants Revera breached their fiduciary duties for the

reasons particularized in paragraph 48 herein.

 -15-

51. The plaintiffs say that there was a contractual relationship between Ethel and

Manuel with the defendants Revera to provide them a safe and protected environment

to live and the proper care and services for their needs, in exchange for payment of the

residence fees. The plaintiffs say the defendants Revera breached these terms of the

contract for the reasons particularized in paragraph 48 herein.

52. The plaintiffs further state, the WRHA as being responsible for the delivery of

health care services in the Winnipeg region and given its oversight of Maples both

pursuant to regulation and under the Service Purchase Agreement, owed a duty of care

to the residents of Maples which includes a duty to:

a) ensure there is a proper and safe delivery of health care services to

residents of Maples;

b) provide oversight of the care and services provided to the residents of

Maples;

c) ensure the Revera defendants are in compliance with the regulatory

standards and guidelines of a personal care home in Manitoba and

approving its operation; and

d) ensure the Revera defendants are in compliance with their contractual

terms of service delivery at Maples under the Service Purchase

Agreement.
 -16-

53. The plaintiffs say that the WRHA was in breach of these duties and was

negligent thereby causing or materially contributing to the injuries and/or deaths of the

Class members, particulars of which include but are not limited to:

a) failing to conduct adequate inspections or assessments of Maples'

readiness for COVID-19 and to meet the standards and guidelines to

address any outbreak;

b) failing to identify concerns regarding staffing levels and/or care of

residents during its inspection of Maples on November 2, 2020 and/or

failing to address those concerns in a timely way;

c) failing to adequately respond to any requests for additional staffing and

q ualified personnel at Maples during the outbreak period to ensure the

care needs and safety of the residents was being met;

d) failing to anticipate and plan for additional staffing needs at personal care

homes caused by outbreaks;

e) failing to ensure the medical and nursing needs of the residents of Maples

were being met during the outbreak period;

f) failing to provide clear guidelines or protocols for personal care homes to

prevent, respond to and limit any outbreak of COVID-19;

 - 17 -

9) failing to have adequately provided or made available to Maples personal

protective equipment, and/or trained, educated and fitted staff at Maples

on the proper use of such equipment; and

h) generally failing to ensure the safety and well-being of the residents of

Maples in all the circumstances.

Damages:

54. The plaintiffs say, on their own behalf and on behalf of the Class, that as a result

of the defendants' breaches as described herein, they have suffered loss and damage,

including the deaths and illnesses of residents of Maples due to COVID-19.

55. The plaintiffs claim general and special damages, to be particularized prior to

trial, on behalf of the Class which includes the estates of those who have passed away

from COVI D-19.

56. The plaintiffs claim damages for loss of companionship as provided for under

The Fatal Accidents Act on their own behalf and their family members and for those

family members included as part of the Class for residents who passed away from

COVID-19.

57. The plaintiffs further claim aggravated and/or punitive damages against the

defendants as a result of their egregious conduct and callous disregard for the health

and safety of the vulnerable residents of Maples.

 -18-

58. Given the age and physical and mental condition of the residents, and the

requirement to generally restrict caregivers and visitors from visiting residents during the

outbreak period, there was a heavy reliance on the Revera defendants to protect the

residents from COVID-19, attend to their care needs and well-being including basic

needs of hydration and nutrition, and communicate with the caregivers and family as to

their condition and status.

59. The plaintiffs state because of the gross lack of staffing caused by the inactions

of the Revera defendants and the WRHA as described herein, residents were left

dehydrated and malnourished and vulnerable to the effects of COVID-19, and therefore

suffered greatly as a result.

60. The plaintiffs further state that the poor condition of residents was raised with

staff at Maples by caregivers and family members. As well, the WRHA was aware of, or

ought to have been aware of, the gross lack of staffing and the poor condition of

residents from its visit and inspection on November 2, 2020 and other communications

to it by caregivers and family. Despite all of this, all defendants failed to address those

concerns in a meaningful or timely way.

61. Further, not until on or about November 7, 2020, and only as a result of attention

from a social media post by a Winnipeg Fire and Paramedic Service member and

attention from the media, did the Revera defendants and the WRHA take steps to

address the staffing issues at Maples and attend to the basic care needs of the

residents.
 -19-

62. Further, as outlined herein, in the course of advising the public and the WRHA on

its staffing levels, the Revera defendants attempted to mislead as to the actual number

of staff working on the evening of November 6, 2020 by stating a greater number than

were actually present.

63. The plaintiffs further state that the Revera defendants hold themselves out as

providing a friendly and safe environment for seniors where care is provided with

Respect, Integrity, Compassion and Excellence, and does so on a for profit basis.

Given the egregious and callous failures of the Revera defendants contrary to these

basic principles, which the plaintiffs further state were in part contributed to by the

Revera defendants' desire to maximize profits, the plaintiffs say an award of aggravated

and/or punitive damages is warranted in the circumstances against the Revera

defendants along with the WRHA for its egregious failures in identifying and addressing

these basic care concerns.

64. The plaintiffs claim against the defendants jointly and severally as more

particularly set out above.

65. The plaintiffs plead and rely upon the provisions of The Tortfeasors and

Contributory Negligence Act, C.C.S.M., c. T90, The Fatal Accidents Act, C.C.S.M., c.

F50, and The Class Proceedings Act, S.M. 2002, c. 14.

66. The plaintiffs serve this statement of claim on any defendants outside of

Manitoba without leave pursuant to Queen's Bench Rules 17.02 (f), (g), (h), (I), and (m).
 - 20 -

Date: Mayiu, 2021

TAPPER CUDDY LLP

Barristers and Solicitors
1000 — 330 St. Mary Avenue
Winnipeg, MB R3C 3Z5
CHRIS WULLUM/ SARAH McEACHERN/
SADIRA GARFINKEL and JESSE ROCK
Telephone: (204) 944-8777

DIAMOND & DIAMOND

LAWYERS LLP
500-255 Consumers Road
Toronto, ON M2J 1R4
DARRYL SINGER/
MATHURA SANTHIRASEGARAM
Telephone:(416) 256-1600

Counsel for the plaintiffs.