Re: Basyal v Mac's Convenience Stores Inc.

A class action lawsuit has been certified in British Columbia for claims against Mac's Convenience Stores, Overseas Immigration Services Inc., Overseas Career and Consulting Services Ltd., claiming that Overseas and Trident charged fees for jobs with Mac's Convenience Stores and that Mac's breached the employment contracts of workers who came to Canada: Prakash Basyal, Arthur Gortifacion Cajes, Edlyn Tesorero, and Bishnu Khadka v. Mac's Convenience Stores Inc., Overseas Immigration Services Inc., Overseas Career and Consulting Services Ltd. and Trident Immigration Services Ltd., Supreme Court of British Columbia, Vancouver Registry No. S-1510284.

The records of the Defendants show that you may be included in the class action. You may be included if you:

1. made a payment to Overseas Immigration Services Inc., Overseas Career and Consulting Services Ltd., and/or Trident Immigration Services Ltd.

AND

2. after making the payment, you received an employment contract to work at a Mac's Convenience Store in British Columbia, Alberta, the Northwest Territories or Saskatchewan under Canada's Temporary Foreign Worker program and you agreed to work at Mac's.

The Lawsuit

The lawsuit claims that representatives of Overseas told foreign workers that they would get jobs in Canada in exchange for a fee that these foreign workers were provided with employment contracts to work at Mac's under Canada's Temporary Foreign Worker Program. The lawsuit claims that these fees were illegal. The lawsuit also claims that many of the foreign workers who came to Canada were not provided employment as promised in their employment contracts.

The allegations in this action are denied by the Defendants.

You can view documents related to this lawsuit online at www.macsclassaction.com

The Class

The Class Action has been certified on behalf of:

all persons who, on or after December 11, 2009, to the opt-out date set by the Court, made payments to Overseas Immigration Services Inc., Overseas Career and Consulting Services Ltd. (collectively, "Overseas") and/or Trident Immigration Services Ltd. ("Trident Immigration") in exchange for employment at Mac's and who were thereafter provided with employment contracts offering employment at Mac's Convenience Stores operated by Mac's Convenience Stores Inc. in British Columbia, Alberta, the Northwest Territories and Saskatchewan ("Western Canada") under Canada's Temporary Foreign Worker Program, which offer they accepted (the "Class").

A subclass has been certified as:

All persons who, on or after December 11, 2009, to the opt-out date set by the Court, made payments to Overseas Immigration Services Inc., Overseas Career and Consulting Services Ltd. and/or Trident Immigration Services and who thereafter:

i. entered into binding contracts (i.e. contracts in respect of which all conditions precedent were satisfied or waived) of employment with Mac's Convenience stores to work in Western Canada under Canada's Temporary Foreign Worker Program;

ii. obtained a valid work permit and (where required) travel visas to enter in Canada to undertake such employment;

iii. validly entered Canada and reported to work as required by their contracts of employment, and

iv. were not provided by Mac's with work at all, or were not provided with work in the amount specified in the contract of employment or in respect of whom Mac's failed to pay expenses related to accommodation or travel costs which Mac's was obligated to pay under such employment contracts.

The Parties

The representative plaintiffs approved by the Court to represent the Class and the Subclass are Prakash Basyal, Bishnu Khadka, Arthur Gortifacion Cajes, and Edlyn Tesorero.

The Defendants in the action are:

Mac's Convenience Store Inc.;
Overseas Immigration Services Inc.;
Overseas Career and Consulting Services Ltd.; and
Trident Immigration Services Ltd.

Consequences of Certification of the Lawsuit as a Class Action

Now that the lawsuit has been certified as a class action, the claims of the representative plaintiffs will be used to determine the legal responsibility of the Defendants to compensate the Class Members for the losses alleged suffered.

A decision on the common issues whether favourable or not will bind all Class Members. You will be bound by the result of the class action - whether the lawsuit is successful or unsuccessful - and will not be able to start or pursue your own legal claim against the Defendants. A list of common issues is attached to the end of this letter.

Class members will not have a right to participate directly in the lawsuit unless specifically permitted to do so by the Court.

What do I have to do to participate?

• If you want to be part of this class action, you do not have to do anything to join the lawsuit. You are automatically included unless you inform us that you want to opt out. Please provide us with your contact information so that we can continue to keep you updated on the progress of this lawsuit.

• If you do not want to be part of this class action, you will have to opt out of the lawsuit by signing and mailing the Court-approved Opt Out Form to either address below postmarked no later than April 2, 2022.

Koskie Glavin Gordon
1650 - 409 Granville Street
Vancouver, B.C. V6C 1T2
T 604-734-8001 F 604-734-8004
E classaction.koskieglavin@gmail.com
W www.koskieglavin.com

Allevato Quail and Roy
1943 East Hastings Street
Vancouver, BC V5L 1T5
T 604.424.8637 F 604.424.8632
E classaction@aqrlaw.ca
W www.aqrlaw.ca

The opt-out form is enclosed but also available at www.kloskieglavin.com and www.aqrlaw.ca websites.

If you opt out of the class action, you should be aware that there are strictly enforced time limits within which you must take formal legal action to pursue your claim. By opting out of the class action, you will take full responsibility for obtaining legal advice about the limitation period and for taking all legal steps necessary to protect your claim.

All class members will be bound by the judgment of the Court on the common issues unless they have opted out of the class.

Independent Legal Advice

Before you decide whether to opt out of the class action, it is recommended that you obtain legal advice about your legal rights and options.

How will the Case Proceed

The class action has two stages.

The first stage is the resolution of the common issues. A list of common issues is available at Koskie Glavin Gordon or Allevato Quail and Roy: www.koskieglavin.com or www.aqrlaw.ca.

If these common issues are resolved in favour of the Class, at the second stage the court will determine what further steps, if any, Class Members need to take to determine if they are entitled to recover any damage, and in what amount.

The lawyers and their fees

The Class is represented by the following two law firms:

Koskie Glavin Gordon
1650 - 409 Granville Street
Vancouver, B.C. V6C 1T2
T 604-734-8001 F 604-734-8004
E classaction.koskieglavin@gmail.com
W www.koskieglavin.com

Allevato Quail and Roy
1943 East Hastings Street
Vancouver, BC V5L 1T5
T 604.424.8637 F 604.424.8632
E classaction@aqrlaw.ca
W www.aqrlaw.ca

Class members should contact either of the above firms with any requests for further information. You can leave an email message or telephone message at the numbers above.

You do not have to pay any money to participate in the lawsuit.

Class Counsel will be seeking fees up to a maximum of 30% of the value of any settlement or judgment plus disbursements and applicable taxes on a first charge on any recovery, to be approved by the British Columbia Supreme Court. The fee arrangement is subject to court approval and the approved fee may be less than the maximum. You will NOT have to pay any amount unless there is recovery. Any such payment will be deducted from your share of the recovery.

The Representative Plaintiffs will instruct the lawyers for the class during the common issues stage. The lawyers must act in the interests of all class members. If any class members wish to participate on their own behalf at the common issues stage of the proceeding, they must apply to the British Columbia Supreme Court.