Certification Motion Successful

     $100 MILLION DOLLAR CLASS ACTION CERTIFIED AGAINST ROGERS CABLE Whitby, ON (Nov. 4, 2008) - In a decision released November 4, 2008, Justice Shaughnessy of the Ontario Superior Court of Justice certified a $100 million dollar class action lawsuit against Rogers Cable and its subsidiaries.

     The claim, commenced by Glenn Wilkins of Whitby, alleges that Rogers breached its contract with its customers when it failed to consistently provide digital On Demand service between May 1 and September 30, 2006.

     The claim also alleges negligence, unjust enrichment and breach of the Consumer Protection Act. These allegations have not yet been proven. Glenn Wilkins is represented by Todd J. McCarthy and Sean A. Brown of Flaherty Dow Elliott & McCarthy, a firm with offices in Toronto, Whitby and Ottawa, specializing in litigation.

     “This is an important decision for consumers generally, and Rogers’ customers in particular, says Todd J. McCarthy.

     “We will work diligently toward a fair, just and expeditious resolution of this matter, and trust that Rogers will do likewise in the best interests of their customers."

     The lawsuit is commenced on behalf of all persons who were subscribers to Rogers On Demand digital cable services on or after May 1 to September 30, 2006. Todd J. McCarthy is one of Ontario’s most renowned trial lawyers.

     He is certified by the Law Society of Upper Canada as a Specialist in Civil Litigation, has been an instructor in the Bar Admission Course for ten years, and has delivered multiple papers and presentations during his distinguished career.

For further information please contact:

Todd J. McCarthy Flaherty Dow Elliott & McCarthy Barristers & Solicitors 120 Adelaide Street West Suite 2501 Toronto, ON M5H 1T1

Tel: (416) 368-0231

Fax: (416) 368-9229

Email: todd.mccarthy@fdemlaw.com