LITIGATION TIMELINE

1. The Statement of Claim is issued on December the 13th, 1999. Judith Logan (“Logan”) is listed as proposed Representative Plaintiff for the Class.

2. The Claim is amended on January the 31st, 2000.

3. The first Case Conference in this matter is held on February the 2nd, 2000, before the Honourable Mr. Justice Winkler (as he was then known).

4. A further Case Conference is held before Justice Winkler on April the 10th, 2000.

5. A Fresh as Amended Statement of Claim is filed on April the 17th, 2000.

6. A further Case Conference is held on May the 17th, 2000, before Justice Winkler.

7. The Crown brings a motion to strike which is heard on October the 2nd and 3rd, 2000, before Justice Winkler. His Honour releases His endorsement that same day.

8. The Plaintiff’s Rule 30.1 Motion is heard on December the 7th, 2000. This motion is not concluded and is adjourned pending the Plaintiff’s decision to add a further Co-Representative Plaintiff.

9. In January 2001, the Plaintiff’s solicitors advise that they wish to add a further Representative Plaintiff.

10. A Case Conference is held before Justice Winkler on March the 8th, 2001, to discuss the Plaintiff’s motion to amend the Claim and to add a further Representative Plaintiff.

11. Further Case Conferences are held before Justice Winkler on April the 11th, 2001, and May the 30th, 2001, concerning the Plaintiff’s motion to amend the Claim and to add a further Representative Plaintiff (“Bulloch”).

12. The Crown brings a motion compelling answers to refusals arising from the cross-examinations of Logan, Bulloch, and the Plaintiff’s Solicitors. The preliminary case conference is heard on July the 9th, 2001, to discuss the Crown’s motion. Submissions as to the Crown’s motion are made in writing.

13. Master MacLeod releases his reasons concerning the Crown’s motion on July the 25th, 2001.

14. Master MacLeod releases supplementary reasons on September the 12th, 2001.

15. Justice Winkler releases reasons on February the 13th, 2002, concerning the Plaintiff’s motion to add Bulloch as a Representative Plaintiff.

16. On April the 19th, 2002, Justice Winkler hears submissions on the Plaintiff’s motion to add a further Representative Plaintiff and to amend the Claim. The Court is advised that both Logan and Bulloch no longer wish to be Representative Plaintiffs for the Class.

17. Justice Winkler releases reasons on May the 15th, 2002, concerning the costs sought on the Plaintiff’s motion to add a further Representative Plaintiff and to amend the Claim.

18. A further Case Conference is held on August the 7th, 2002, before Justice Winkler to discuss the new Representative Plaintiffs, Kevan Drady (“Drady”) and Kathryn Taylor (“Taylor”), sought to be substituted for Logan.

19. A Case Conference is held before Justice Winkler on December the 9th, 2002, to discuss the Plaintiff’s motion to substitute Logan for Taylor and Drady.

20. On February the 11th, 2003, the motion to substitute Logan for Taylor and Drady is heard before Justice Winkler. His Honour releases his Reasons on February the 13th, 2003.

21. The Fresh as Amended Statement of Claim is amended on February the 26th, 2003, to reflect that Taylor and Drady are now the proposed Representative Plaintiffs for the Class.

22. The Crown appeals the decision to substitute Logan for Drady and Taylor. The appeal is heard on November the 12th, 2003. The Court of Appeal releases its reasons on June the 29th, 2004, and dismisses the Crown’s appeal.

23. A further Case Conference is held on August the 4th, 2004, before Justice Winkler to discuss the steps leading up to certification, including the exchange of pleadings.

24. The Crown serves its Demand for Particulars on August the 6th, 2004.

25. The Plaintiffs serves its Response to the Crowns Demand for Particulars on the 18th of August, 2004.

26. The Crown serves its Statement of Defence on September the 20th, 2004.

27. The Plaintiffs serves its Demand for Particulars on September the 28th, 2004.

28. The Crown serves its Response to the Plaintiffs’ Demand for Particulars on October the 5th, 2004.

29. The Plaintiffs serve their Reply on October the 14th, 2004.

30. The Crown serves its Amended Amended Amended Third Party Claim last amended 4 November 2004, in late 2004.

31. The following Notices of Intent to Defend by the Third Parties are received by the Plaintiffs’ solicitors:

(a) Dr. G. Baker and Dr. W. Dobrovolsky on November the 15th, 2004;

(b) Inamed Corporation on November the 17th, 2004;

(c) Dr. A.K. Wyllie on November the 23rd, 2004;

(d) Dow Corning Corporation on December the 7th, 2004;

(e) Smith Medical Canada Incorporated on December the 10th, 2004;

(f) Bristol-Myers Squibb Company on December the 17th, 2004;

(g) Baxter Healthcare Corporation and Baxter International Inc. on December the 21st, 2004; and

(h) TMJ Implants Incorporated on December the 16th, 2004.

32. A Case Conference is held on April the 18th, 2005, before Justice Winkler in the presence of all parties. The issue of clarifying the Statement of Claim as to several liability and the types of implants involved in the action are discussed.

33. The Plaintiffs amend its Response to the Crown’s Demand for Particulars, originally served in August 2004, on April the 22nd, 2005.

34. A Case Conference is held on October the 6th, 2005, to discuss the Plaintiffs’ position on several liability and the types of implants involved in the action.

35. A further Case Conference is held on March the 6th, 2006, to discuss the Plaintiffs’ amended Statement of Claim which narrows the types of implants involved and the several liability issue. Taylor is now the only Representative Plaintiff in this action.

36. On June the 19th, 2006, a further Case Conference is held before Justice Winkler to address the exchange of amended pleadings and the steps leading up to certification.

37. The Fresh as Amended Statement of Claim is amended on June the 19th, 2006.

38. The Crown amends its Fresh as Amended Statement of Defence on July the 18th, 2006.

39. The Plaintiffs amend its Fresh as Amended Reply on August the 1st, 2006.

40. By Order pronounced September the 14th, 2006, the Crown is permitted to amend its Amended Amended Amended Third Party Claim and deliver an Amended Amended Amended Amended Third Party Claim and a Fresh as Amended Third Party Claim. The Crown serves its Amended Amended Amended Amended Third Party Claim and a Fresh as Amended Third Party Claim on September the 20th, 2006.

41. A Case Conference is held on September the 25th, 2006, before Justice Winkler, where the Third Party Claims against certain Third Parties is discontinued and the title of proceedings is amended.

42. Justice Winkler is appointed Chief Justice and Justice Cullity assumes Justice Winkler’s role in this proceeding.

43. A Case Conference is held on April the 11th, 2007, before Justice Cullity to provide some background on the proceeding and discuss the Third Parties’ motions to dismiss the Third Party Claims in the Drady action and in this proceeding, as well as the steps leading up the motion for certification.

44. The motions by the Third Parties to dismiss the Third Party Claims in both Drady and this action are heard before Justice Cullity, June 26th to 29th, 2007, as well as the Crown’s motion to strike the Drady Claim under Rule 21 and Ragoonanan, and the Plaintiff’s motion to sever/stay the Third Party claims in Drady.

45. Justice Cullity releases his reasons on the motions heard in Drady and this action on July the 17th, 2007, and strikes the Drady Claim and dismisses the Third Parties’ motions in Drady and this action.

46. The motion for certification is heard on July the 22nd to 25th, 2007. Justice Cullity releases his reasons on certification on September the 5th, 2007.

47. The Crown seeks leave to appeal the certification decision, which is heard on November the 27th, 2007. Justice Greer, who hears the motion for leave to appeal, dismisses the Crown’s motion and releases her reasons on December the 10th, 2007.

48. The Crown seeks to amend the title of proceeding to correctly identify the Crown. Justice Cullity pronounces an Order to that effect on September the 24th, 2007.

49. Justice Cullity releases his endorsement on costs for the certification motion on January the 15th, 2008.

50. A Case Conference is held before Justice Cullity on January the 17th, 2008, to approve the Litigation Plan and Notice.

51. Justice Cullity releases his reasons on costs for the motions heard in June 2007 in Drady and in this action on January the 24th, 2008.

52. A further Case Conference is held on February the 27th, 2008, to address the Crown’s intent to bring a motion to strike the Plaintiff’s pleadings. The Plaintiff advises that it wishes to bring a motion to amend her Claim and Reply to reflect that only several liability is sought, to approve the Litigation Plan and Notice, and to sever/stay the Third Party Claims. The Third Parties advise that they wish to bring a motion to strike the Third Party Claims.

53. Justice Cullity hears the aforesaid motions on April the 1st and 2nd, 2008. The Plaintiff is permitted to amend her Claim and Reply to reflect that only several liability is sought. The Third Parties are granted their motion to strike the Third Party Claims. The Crown’s motion to strike is dismissed.