The Class Action

A proposed class action was commenced against CV Technologies Inc. (now known as Afexa Life Sciences Inc.) ("CV"), CV's CEO and two members of its Board of Directors and CV's former auditor, Grant Thornton LLP.

The Settlement

The parties to the action have reached a settlement and on August 5, 2010, Justice Strathy of the Ontario Superior Court of Justice certified the action as a class proceeding and approved the settlement. The settlement agreement may be reviewed here. The long form notice, which summarizes the settlement, may be reviewed here.

Class Members

Class Members include all persons, other than certain parties related to the defendants, who acquired securities of CV on the Toronto Stock Exchange ("TSX") during the period December 11, 2006 to March 23, 2007 and who held some or all of those securities on March 26, 2007.

The Claims Administrator

Justice Strathy of the Ontario Superior Court of Justice has appointed Marsh Risk Consulting Canada as the Claims Administrator of the settlement. The Claims Administrator's contact information may be reviewed here.

Registering a Claim for Compensation

In order to be eligible to receive compensation pursuant to the settlement, each Class Member must submit a completed Claim Form and supporting documents ("Claim Package") to the Administrator, on or before January 6, 2011 using the secure Online Claim System. Click here to reach the Online Claim System. Please note that the deadline to file a Claim has passed.

The Administrator has completed the evaluation of all claims according to the terms of the Settlement, and the rules and formulae contained in the Settlement's Plan of Allocation. The results of that evaluation are available by logging into the Online Claims System, and reviewing the Claim Summary which provides details of eligibility to participate in the Settlement, number of Qualified Shares, amount of Net Loss, and calculation of the Claim's Total Nominal Entitlement. Please note that the deadline to appeal the Administrator's evaluation of a Claim has passed.

Compensation from the Settlement Fund will be a pro-rata distribution approved by the Court.

If a Class Member does not have access to a computer with Internet connectivity, or has difficulty with the Online Claims Process, please contact the Claims Administration Help Line at 1.877.858.9558.

Opting Out

All Class Members will be bound by the terms of the settlement unless they opt out. Any Class Member who does not wish to participate in the settlement must opt out of the class action by sending a completed Opt Out Form to the Claims Administrator on or before December 7, 2010 at 5:00 pm eastern time. The deadline to opt out has passed; it is no longer possible to opt out of the Settlement.

Answers to Frequently Asked Questions

The FAQ page of this website provides answers to Frequently Asked Questions about the settlement and the claims process. Click here to reach the FAQ page.

Note

Please visit this website regularly as it will be updated with news and court-approved documents throughout the administration of the settlements.

Important

The deadline to register a Claim has passed.

The Court has approved a December 2011 payout of claims in this action. Cheques have been mailed.

Please contact the Administrator if you had a positive total nominal entitlement and payment is not received by January 5, 2012.