JEFFREY ALLEN. - and - UPONOR LTD. (fka UPONOR CANADA INC. and UPONOR CANADA LTD.) and UPONOR INC. (successor to UPONOR NORTH AMERICA, INC.

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1 CANADA PROVINCE OF SASKATCHEWAN IN THE COURT OF QUEEN S BENCH JUDICIAL CENTRE OF SASKATOON Q.B. No of 2011 BETWEEN: JEFFREY ALLEN Plaintiff - and - UPONOR LTD. (fka UPONOR CANADA INC. and UPONOR CANADA LTD. and UPONOR INC. (successor to UPONOR NORTH AMERICA, INC. Brought under The Class Actions Act AFFIDAVIT OF JEFFREY ALLEN Defendants I, Jeffrey Allen, of the City of Halifax, in the Province of Nova Scotia, MAKE OATH AND SAY AS FOLLOWS: 1. I am a plaintiff in this matter and, as such, I have personal knowledge of the matters to which I depose except for the statements I have indicated are based on information and belief. To the extent that my knowledge is based on information and belief, I identify the source of such information and believe the information to be true. Background 2. In January 2010, I purchased a house that contained a plumbing system, which included brass insert fittings stamped with the marking F1807 ( Plumb-PEX F1807 System. I understand that these fittings were Plumb-PEX products sold in Canada by or on behalf of the Defendants, including through a predecessor company named Plasco Manufacturing Ltd. I understand from a June 20, 2002 plumbing inspection that the

2 previous owners had installed the Plumb-PEX F1807 System in Attached as Exhibit A is a copy of the June 2010 plumbing inspection. 3. On July 30, 2010, I discovered that a Plumb-PEX F1807 System brass insert fitting in the ceiling of a bathroom on the lower floor of the house had failed, resulting in a leak. I subsequently discovered additional Plumb-PEX F1807 System fittings that leaked. As a result of the failures, in August 2010, I was required to replace the entire plumbing system at a significant expense. 4. I retained Siskinds LLP ( Siskinds to commence litigation against the defendants with respect to allegations that the Plumb-PEX F1807 System brass insert fittings were defective and prone to premature failure. A copy of my retainer agreement is attached as Exhibit B. 5. In the absence of this class proceeding, I would not have commenced litigation against the defendants due to concerns regarding the expense associated with such complex litigation. 6. On February 22, 2012, a settlement agreement was entered into with the defendants which, subject to the court s approval, is intended to resolve the litigation. CERTIFICATION 7. I reviewed the definition of the Class, as stated in the settlement: All Persons that own, have owned, lease, or have leased, and all those Persons who have or may pursue claims through or in the name or right of those Persons who own, have owned, lease, or have leased, buildings, homes, residences, or any other structures located in Canada that contain or have ever contained Plumb-PEX F1807 Systems* manufactured and/or sold by the Defendants**.

3 For the purposes of this definition, Persons shall include any and all of the Person s spouses, joint owners, heirs, executors, administrators, insurers, mortgagees, tenants, creditors, lenders, predecessors, successors, subsequent owners or occupants, trusts and trustees, lawyers, agents, and assigns and all Persons who are entitled to assert a claim on behalf thereof. *Plumb-PEX F1807 System means Plasco Plumb-PEX plumbing systems using ASTM F1807 style brass insert fittings and their related valves, crimp rings, stainless steel clamps and/or components, manufactured and/or sold by or on behalf of the Defendants. **Defendants mean (i Uponor Ltd. and its parent companies, predecessors, successors, subsidiaries, and sibling companies; (ii Uponor, Inc., its parent companies, predecessors, successors, subsidiaries, and sibling companies, including without limitation Plasco Manufacturing, Ltd; and (iii all of their respective officers, directors, insurers, employees, and lawyers. 8. I am a member of the Class and am prepared to assume the role of representative plaintiff on behalf of the Class. 9. I believe that I will fairly and adequately represent the interests of the members of the proposed Class. I do not believe that my interests are in conflict with those of other members of the Class on the proposed common issue. 10. To date, I have taken the following steps to represent the interest of the Class: (a (b (c (d retained experienced class counsel; provided information to class counsel regarding the failures that I experienced in respect of my Plumb-PEX F1807 System; worked with class counsel in preparing an affidavit that would have been included in the contested certification record, had the action not been resolved by way of settlement; provided instructions to class counsel with respect to the settlement; and

4 (e swore an affidavit on the within motion. 11. I understand that the defendants have agreed to a consent certification order for settlement purposes. THE PROPOSED SETTLEMENT 12. Counsel at Siskinds has explained the basic terms of the settlement to me. I understand that the settlement must be approved by the Saskatchewan court before it becomes effective. 13. I understand that the settlement is a claims-made settlement, meaning that settlement benefits will only be payable on the receipt of a timely and valid claim form. 14. It is my understanding that, under the terms of the settlement, Class Members are eligible for settlement benefits if they have experienced a leak in a Plumb-PEX F1807 System component caused by a design or manufacturing defect or are able to demonstrate a differential in water flow, through a Plumb-PEX F1807 System component, of more than 50% between the hot and cold water lines. 15. I appreciate that, under the terms of the settlement, settlement benefits are calculated as follows: (a For claims relating to leaks caused by a design or manufacturing defect, the defendants will pay reasonable costs associated with the repair or replacement of the failed product, and reasonable material and labour costs of repairing damage to real property in which the failed Plumb-PEX F1807 System component was installed. Reasonable material and labour costs include those costs necessary to bring the structure back to the same finish and quality as existed before the leak.

5 (b (c For claims relating to differentials in water flow, the defendants will pay reasonable costs associated with repairing or replacing the affected Plumb- PEX F1807 System components necessary to restore normal water flow. If a Class Member who owns a single dwelling unit experiences two or more leaks caused by a manufacturing or design defect, the Class Member may request a complete replumb. If a Class Member owns a multidwelling unit property, the class member can request a complete replumb if (i the Class Member has experienced leaks in 30% or more of the units; or (ii the Class Member can demonstrate differentials in water flow for 30% or more of the units. 16. I further understand that claims will be administered by an independent third-party and that the defendants are responsible for the costs of claims administration. 17. I also understand that a national notice campaign will be implemented in order to notify putative Class Members of the settlement and their options with respect to the settlement. I further understand that the defendants are responsible for the costs of the notice campaign. 18. I appreciate that this action raises complex factual and legal matters, and there would be significant expenses incurred if this action were to proceed to trial. Given these circumstances, I believe that the settlement is a fair and reasonable compromise of the litigation. As a result, I have instructed class counsel to seek approval of the settlement. CLASS COUNSEL FEES 19. My retainer agreement with Siskinds provides that Siskinds will undertake the litigation on a contingency basis. In particular, my retainer agreement provides that Siskinds would pay for all costs associated with pursuing the litigation and would only be paid fees in the event of success (either a court award or settlement. I understand that

6 Siskinds has not yet been paid anything for its work on this matter. Under the terms of the retainer agreement, Siskinds is entitled to up to of 25% of any settlement, plus disbursements and applicable taxes. 20. I appreciate that because the proposed settlement is a claims-made settlement, the value of the settlement will not be known until the end of the claims period. 21. I understand from counsel at Siskinds that, under the terms of the proposed settlement, the defendants are required to pay up to $250,000 in respect of class counsel fees, disbursements and applicable taxes. Counsel at Siskinds has explained that this amount compensates class counsel for the work completed to date, as well as any work to be done by class counsel overseeing the claims administration process. I have no difficulty with the proposed fees. SWORN OR AFFIRMED before me at the City of Halifax, in the Province of Nova Scotia, this day of February, A Commissioner, etc. Jeffrey Allen