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Dismissal of Class Action Lawsuit Against Extendicare Real Estate Investment Trust

Extendicare Real Estate Investment Trust Class Action Lawsuit Dismissed

Extendicare Real Estate Investment Trust (“Extendicare REIT”) (TSX: EXE.UN) announced that a judge in Milwaukee County Circuit Court dismissed a class action lawsuit brought against Extendicare Health Services, Inc., Extendicare Homes, Inc. and other related entities (collectively “Extendicare”), wholly owned U.S. based subsidiaries of Extendicare REIT.

The Extendicare Real Estate Investment Trust class action  lawsuit was originally filed on November 14, 2008 in Milwaukee County Circuit Court.  The class action suit asserted a claim under a state consumer protection statute and was premised upon an allegation that Extendicare had misrepresented the quality of its services to the residents of its Wisconsin skilled nursing facilities.   The plaintiff brought the action on behalf of all current and former residents for the period 2005 through 2008.

The Honorable Dennis Moroney rejected the class action claim and held that that the plaintiffs’ allegations were too general and unspecific to serve as the basis for a class action claim.

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