Court File No.

ONTARIOSUPERIOR COURT OF JUSTICE

f-

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 2015PAN AMERICAN AND PARAPAN AMERICAN GAMES, andHAMILTON TIGER-CATS FOOTBALL CLUB (2007) CORP.

Defendants

NOTICE OF ACTION

TO THE DEFENDANTS

A LEGAL PROCEEDING HAS BEEN COMMENCED AGAINST YOU by theplaintiff. The claim made against you is set out in the statement of claim served with thisnotice of action.

IF YOU WISH TO DEFEND THIS PROCEEDING, you or an Ontario lawyer actingfor you must prepare a statement of defence in Form 18A prescribed by the Rules of CivilProcedure, 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, WITHINTWENTY 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 ofAmerica, the period for serving and filing your statement of defence is forty days. If youare 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 ofintent to defend in Form 18B prescribed by the Rules of Civil Procedure. This will entitleyou to ten more days within which to serve and file your statement of defence.

IF YOU FAIL TO DEFEND THIS PROCEEDING, JUDGMENT MAY BE GIVENAGAINST YOU IN YOUR ABSENCE AND WITHOUT FURTHER NOTICE TO YOU.IF YOU WISH TO DEFEND THIS PROCEEDING BUT ARE UNABLE TO PAYLEGAL FEES, LEGAL AID MAY BE AVAILABLE TO YOU BY CONTACTING ALOCAL LEGAL AID OFFICE.

IF YOU PAY THE PLAINTIFF'S CLAIM, and $2,000 for costs, within the time forselwing and filing your Statement of Defence, you may move to have this proceedingdismissed by the Court. If you believe the amount claimed for costs is excessive, you maypay 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 ithas not been set down for trial or terminated by any means within five years after the actionwas commenced, unless otherwise ordered by the court.

Date: April 25, 2016 Issued by:

Address ofcourt office: 45 Main Street East

Hamilton, ON L8N 2B7

TO: Ontario Sports Solutions (PAG) L.P.5000 Yonge Street - Suite 1805Toronto, ON M2N 7E9

AND TO: Kenaidan Contracting Ltd.7080 Derrycrest DriveMississauga, ON L5W 0G5

AND TO:

AND TO:

AND TO: Bouygues Building Canada Inc.180 Dundas Street West - Suite 2605Toronto, ON M5G 1Z8

Ontario Infrastructure and Lands Corporation1 Dundas Street West - Suite 2000Toronto, ON M5G 2L5

Toronto Organizing Committee for the 2015 Pan American and ParapanAmerican Games

25 Dockside Drive - 7th floorToronto, ON M5A 0B5

AND TO: Hamilton Tiger-Cats Football Club (2007) Corp.1 Jarvis StreetHamilton, ON L8R 3J2

3

.

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 HAMILTONLegal Services Division21 King Street East - 12th floorHamilton, ON L8P 4W7

Colleen E. RobertshawLSUC # 46977D

Bryan R. BoodhooLSUC # 54726T

Tel: (905)-546-2424Fax: (905)-546-4370

Lawyers for the plaintiff

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