Court File No.

f-

ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:

CITY OF HAMILTON
Plaintiff

and

ONTARIO SPORTS SOLUTIONS (PAG) L.P., KENAIDAN CONTRACTING LTD.,

BOUYGUES BUILDING CANADA INC., ONTARIO INFRASTRUCTURE AND
LANDS CORPORATION, TORONTO ORGANIZING COMMITTEE FOR THE 2015

PAN AMERICAN AND PARAPAN AMERICAN GAMES, and

HAMILTON TIGER-CATS FOOTBALL CLUB (2007) CORP.
Defendants

NOTICE OF ACTION
TO THE DEFENDANTS
A LEGAL PROCEEDING HAS BEEN COMMENCED AGAINST YOU by the
plaintiff. The claim made against you is set out in the statement of claim served with this
notice of action.

IF YOU WISH TO DEFEND THIS PROCEEDING, you or an Ontario lawyer acting

for you must prepare a statement of defence in Form 18A prescribed by the Rules of Civil
Procedure, serve it on the plaintiff's lawyer or, where the plaintiff does not have a lawyer,
serve it on the plaintiff, and file it, with proof of service, in this court office, WITHIN
TWENTY DAYS after this notice of action is served on you, if you are served in Ontario.
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 seiared outside Canada and the United States of America, the period is sixty days.
Instead of serving and filing a statement of defence, you may serve and file a notice of

intent to defend in Form 18B prescribed by the Rules of Civil Procedure. This will entitle
you to ten more days within which to serve and file your statement of defence.

IF YOU FAIL TO DEFEND THIS PROCEEDING, JUDGMENT MAY BE GIVEN

AGAINST YOU IN YOUR ABSENCE AND WITHOUT FURTHER NOTICE TO YOU.

IF YOU WISH TO DEFEND THIS PROCEEDING BUT ARE UNABLE TO PAY

LEGAL FEES, LEGAL AID MAY BE AVAILABLE TO YOU BY CONTACTING A
LOCAL LEGAL AID OFFICE.
IF YOU PAY THE PLAINTIFF'S CLAIM, and $2,000 for costs, within the time for
selwing and filing your Statement of Defence, you may move to have this proceeding
dismissed by the Court. If you believe the amount claimed for costs is excessive, you may
pay the Plaintiff's claim and $400 for costs and have the costs assessed by the Court.

TAKE NOTICE: THIS ACTION WILL AUTOMATICALLY BE DISMISSED if it

has not been set down for trial or terminated by any means within five years after the action
was commenced, unless otherwise ordered by the court.

Date: April 25, 2016

Issued by:

Address of
court office:

TO:

45 Main Street East

Hamilton, ON L8N 2B7

Ontario Sports Solutions (PAG) L.P.

5000 Yonge Street - Suite 1805

Toronto, ON M2N 7E9

AND TO:

Kenaidan Contracting Ltd.

7080 Derrycrest Drive

Mississauga, ON L5W 0G5

AND TO:

Bouygues Building Canada Inc.

180 Dundas Street West - Suite 2605

Toronto, ON M5G 1Z8

AND TO:

Ontario Infrastructure and Lands Corporation

1 Dundas Street West - Suite 2000

Toronto, ON M5G 2L5

AND TO:

Toronto Organizing Committee for the 2015 Pan American and Parapan
American Games

25 Dockside Drive - 7th floor

Toronto, ON M5A 0B5

AND TO:

Hamilton Tiger-Cats Football Club (2007) Corp.

1 Jarvis Street

Hamilton, ON L8R 3J2

CLAIM
.

The plaintiff, City of Hamilton (hereinafter "Hamilton"), claims against the

defendants, Ontario Sports Solutions (PAG) L.P. (hereinafter "ONSS"), Kenaidan
Contracting Ltd. (hereinafter "Kenaidan"), Bouygues Building Canada Inc.
(hereinafter "Bouygues"), Ontario Infrastructure and Lands Corporation
(hereinafter "IO"), Toronto Organizing Committee for the 2015 Pan American and
Parapan American Games (hereinafter "TO2015"), for:

a. damages of approximately $35,000,000 (thirty five million dollars) plus

applicable taxes, for breach of contract, negligence, and/or negligent
misrepresentation on the part of the defendants while acting in their various
roles relating to the planning, procurement, design, construction, project
management, financing, delivery, completion, outfitting, use and occupation
of a sports stadium now known as Tim Hortons Field, located at the
premises known municipally as 64 Melrose Avenue North, Hamilton,
Ontario;
b. prejudgment and post-judgment interest in accordance with sections 128
and 129 of the Courts of Justice Act,"
c. its costs of this action on a substantial indemnity basis, plus applicable
taxes; and
d. such fm'ther and other relief as this Honourable Court deems just.

The damages claimed in paragraph 1 above are comprised of, but not limited to, the
following components:

a. delay damages sustained by Hamilton, totalling approximately $4,500,000;

b. disputed cost-sharing items, totalling approximately $7,300,000;
c. non-compliance items, totalling approximately $2,459,050;
d. warranty items, totalling approximately $3,524,000;
e. information technology ("IT") work, totalling approximately $457,945;
f. minor deficiencies, totalling approximately $1,150,000; and
g. delay claims of the Hamilton Tiger-Cats Football Club (2007) Corp.
(hereinafter, "Tiger-Cats") being passed through to the other defendants
pursuant to a Licensing Agreement between Hamilton and the Tiger-Cats
dated March 7, 2014, totalling approximately $14,000,000.

Hamilton claims against the defendant, Tiger-Cats, for:

a. damages of approximately $227,004, plus applicable taxes, for breach of
contract and/or unjust enrichment as a result of the non-payment of amounts
due and payable by the Tiger-Cats to Hamilton for items ordered by and
supplied to the Tiger-Cats;
b. delay damages sustained by Hamilton, totalling approximately $4,500,000;
c. pre-judgment and post-judgment interest in accordance with sections 128
and 129 of the Courts of Justice Act,"
d. its costs of this action on a substantial indemnity basis, plus applicable
taxes; and
e. such further and other relief as this Honourable Court deems just.

4. Further particulars of Hamilton's claims and the facts relied upon by Hamilton will
be set out in Hamilton's statement of claim.

Date of issue: April 25, 2016

CITY OF HAMILTON
Legal Services Division
21 King Street East - 12th floor

Hamilton, ON L8P 4W7

Colleen E. Robertshaw

LSUC # 46977D
Bryan R. Boodhoo

LSUC # 54726T
Tel: (905)-546-2424
Fax: (905)-546-4370
Lawyers for the plaintiff

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