Ontario Court of Appeal Dismisses Appeal of Class Action Lawsuits by BCI Common Shareholders MONTREAL, CANADA--(CCNMatthews - July 23, 2004) , JULY 23, 2004,17:41 ET 2004 --Bell Canada
International Inc. ("BCI") and BCE Inc. ("BCE") today announced
that the two proposed class action lawsuits brought on behalf of
BCI common shareholders and seeking $1 billion in damages against
BCI and BCE have been dismissed. The Ontario Court of Appeal
upheld the lower court's decision dismissing the lawsuits as
failing to disclose a reasonable cause of action.
The Shaw action was originally filed in the Ontario Superior
Court of Justice (the "Court") on September 27, 2002, and sought
court approval to proceed by way of class action on behalf of all
persons who owned BCI common shares on December 3, 2001 in
connection with the issuance of BCI common shares on February 15,
2002 pursuant to BCI's Recapitalization Plan and the
implementation of BCI's Plan of Arrangement approved by the Court
on July 17, 2002. After Mr. Shaw's original action was dismissed
by the Court on May 9, 2003, Mr. Shaw filed an amended statement
of claim on June 27, 2003. On August 30, 2003, Mr. Gillespie
filed a lawsuit that was, except with respect to the name of the
plaintiff, substantially identical to Shaw's amended statement of
claim. These two actions were dismissed by the Court on January
5, 2004 without leave to amend their claims. Mr. Shaw and Mr.
Gillespie appealed this decision to the Ontario Court of Appeal,
which today dismissed the appeal, upholding the lower court's
decision. Any further appeal by the plaintiffs to the Supreme
Court of Canada would require the permission of the Supreme
Court.
BCI is operating under a court supervised Plan of Arrangement,
pursuant to which BCI intends to monetize its assets in an
orderly fashion and resolve outstanding claims against it in an
expeditious manner with the ultimate objective of distributing
the net proceeds to its shareholders and dissolving the company.
BCI is listed on the Toronto Stock Exchange under the symbol BI.
Visit our Web site at www.bci.ca.
Bell Canada Enterprises is Canada's largest communications
company. Through its 26 million customer connections, BCE
provides the most comprehensive and innovative suite of
communication services to residential and business customers in
Canada. Under the Bell brand, the company's services include
local, long distance and wireless phone services, high speed and
wireless Internet access, IP-broadband services, value-added
business solutions and direct-to-home satellite and VDSL
television services. Other BCE businesses include Canada's
premier data media company, Bell Globemedia and Telesat, a
pioneer and world leader in satellite operations and systems
management. BCE shares are listed in Canada, the United States
and Europe.
Certain statements made in this press release describing BCE and
BCI's intentions, expectations or predictions are forward-looking
and are subject to important risks and uncertainties. The
results or events predicted in these statements may differ
materially from actual results or events. For additional
information with respect to risk factors relevant to BCE and BCI,
see the Annual Information Form filed with Canadian securities
commissions. BCE and BCI disclaim any intention or obligation to
update or revise any forward-looking statements, whether as a
result of new information, future events or otherwise.
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FOR FURTHER INFORMATION PLEASE CONTACT:
Bell Canada International Inc.
Howard N. Hendrick
Executive Vice-President and Chief Financial Officer
(514) 392-2260
howard.hendrick@bci.ca
www.bci.ca
or
BCE Inc.
Nick Kaminaris
Communications
(514) 786-3908
www.bce.ca
or
BCE Inc.
George Walker
Investor Relations
(514) 870-2488 |
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