A Class Action - Ellen B. Taub v. Manufacturers Life Insurance Company

[Guest guest]

see the website for the complaint and more.

http://www.toxicfungus.com/

My Story (Ellen Taub)

I have lived in the Manulife Centre since April 1982. After watching a CBC

special report on October 16, 1996, I became concerned about the existence

of the toxic moulds in the Manulife Centre.

I asked Manulife's staff to inspect and test the black areas around both the

tiles and some chipped drywall in my bathroom, both of which I had noticed

for a considerable period of time.

A preliminary inspection was conducted by Manulife's staff on October 19,

1996. I was advised by Manulife that its trained staff members knew how to

repair and replace the areas affected by the toxic mould.

I believe that Manulife's staff did not follow the proper procedure in

removing the toxic mould, such as sealing off the bathroom from the rest of

the apartment.

Manulife confirmed the existence of the mould in my apartment in a letter to

me dated November 13,1996.

I was not convinced that Manulife had succeeded in removing all of the toxic

mould and had more tests done. An independent laboratory analysis confirmed

the existence of the toxic mould on November 10, 1997.

The progress of the action

The statement of claim was issued on April 29, 1997. A motion was brought

seeking certification of the action as a class action. The motion was

dismissed by the court on May 13, 1998.

The court ordered me to pay Manulife's legal costs of $5000. I am

responsible for paying those costs personally. The court has given me until

April 26, 1999 to pay these costs to Manulife.

The appeal

I appealed the dismissal of the certification motion. On January 27, 1999,

the appeal court dismissed my appeal. The appeal court ordered me to pay a

further $5000.00 in legal costs to Manulife.

New application for certification

Although the appeal court dismissed my appeal, it allowed me to bring a new

application for certification based on further evidence.

I intend to bring a new application for certification of this action as a

class proceeding based on further evidence.

The further evidence will include, amongst other things, evidence on those

points of fact which the courts said were missing from the motion for

certification, such as proof that this mould is harmful and that other

residents have experienced the same problems that I have.

Based on our extensive research, our ongoing investigation, including

documents obtained through Freedom Of Information Act requests and our

conversations with other residents of the Manulife Centre, I believe that

other residents of the Manulife Centre have the same problems as I do with

toxic moulds and that I will be able to provide evidence of that now that we

know it is legally required.

Manulife is trying to have the class action dismissed because I have not

paid them the legal costs that the courts ordered that I pay to Manulife.

Fundraising

I have not previously approached residents of the Manulife Centre or anyone

else, seeking contributions or the commitment of funds to support the

prosecution of this class action. As a result of the position taken by

Manulife with respect to the payments of the legal costs owing, I must now

ask for your help.

If I am required to pay all of the legal costs owing to Manulife personally

and without assistance from other Manulife Centre residents or supporters,

it is very unlikely that I can proceed further with this action.

Contributions by residents and supporters

In order to assist with the costs of the class action, I am seeking

contributions from residents in the Manulife Centre and any supporters.

All monies received will be held in trust and used only for the payment of

fees, defence costs, disbursements and GST incurred on behalf of the class

or in respect of the class action during the course of the class action.

Any unused money will be returned pro rata to those who have made

contributions. I will provide you with a signed trust declaration if you

make a contribution.

How to contribute

Please make your cheque payable to " Ellen Taub in trust " and return it to me

in an envelope addressed to the address set out below.

When sending your cheque, please make sure you sign and return the enclosed

financial support memorandum.

Further information

If you need further information, you may contact me:

By writing to: Ms. Ellen Taub

44 Street West

Apartment 2911

Toronto, Ontario

M4Y 1R7

By telephone: (416) 968-7175

By fax: (416) 923-9238