Date of Execution. (1) The Parties have executed this Settlement Agreement as of the date on the cover page. behalf and on behalf of the Settlement Class that they propose to represent, by their counsel Name of Authorized Signatory: ▇▇▇▇▇ ▇▇▇▇▇▇ for ▇▇▇▇-▇▇▇▇ ▇▇▇▇▇▇▇ Signature of Authorized Signatory: for: Sotos LLP Ontario Counsel Name of Authorized Signatory: Signature of Authorized Signatory: ▇▇▇▇▇ ▇▇▇▇▇▇ Siskinds LLP Ontario Counsel Name of Authorized Signatory: ▇▇▇▇▇ ▇▇▇▇▇▇ for ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ Signature of Authorized Signatory: for: Camp ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ LLP BC Counsel Name of Authorized Signatory: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Signature of Authorized Signatory: ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ LLP Counsel for the Settling Defendants Ontario Siskinds LLP and Sheridan Maruyasu Industries Co., All Persons in Canada Superior Court Sotos LLP Chevrolet Ltd., Curtis-Maruyasu who, during the Class of Justice CV- Cadillac Ltd., and America, Inc., USUI Co., Period, (a) purchased, 17-582447- The Pickering Ltd. (F/K/A/ USAI directly or indirectly, 00CP (the Auto Mall Ltd. Kokusai Sangyo Kaisha Automotive Steel Tubes; “Ontario Ltd.), USUI International and/or (b) purchased or Action”) Corporation, Sanoh leased, directly or Industrial Co., Ltd., indirectly, a new or used Sanoh America, Inc., Automotive Vehicle Sanoh Canada, Ltd., containing Automotive JTEKT Corporation, Steel Tubes; and/or (c) JTEKT North America purchased for import into Corporation and JTEKT Canada, a new or used Automotive North Automotive Vehicle America, Inc. containing Automotive Steel Tubes. Excluded Persons are excluded from the Settlement Class. British Camp ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ JTEKT Corporation; Not applicable. Columbia Mogerman JTEKT North America Supreme Court ▇▇▇▇▇▇▇▇ LLP Corporation; JTEKT S-191335 Automotive North (Vancouver America, Inc., Maruyasu Registry) (the Industries Co., Ltd.; “BC Action”) ▇▇▇▇▇▇-▇▇▇▇▇▇▇▇ America, Inc.; Sanoh Industrial Co. Ltd.; Sanoh America, Inc.; Sanoh Canada, Ltd.; USUI Co.; Ltd. (F/K/A/ USAI Kokusai Sangyo Kaisha Ltd.); and USUI International Corporation Court File No. CV-17-582447-00CP ONTARIO THE HONOURABLE JUSTICE ▇▇▇▇▇▇▇▇ ) ) , THE OF DAY, BETWEEN: Proceeding under the Class Proceedings Act, 1992, S.O. 1992, c. 6 ON READING the materials filed, including the settlement agreement with the Settling Defendants. dated as of ⚫, attached to this Order as Schedule “A” (the “Settlement Agreement”), and on reading the submissions of counsel for the Ontario Plaintiffs and Counsel for the Settling Defendants; 1. THIS COURT ORDERS that, for the purposes of this Order, except to the extent that they are modified in this Order, the definitions set out in the Settlement Agreement apply to and are incorporated into this Order. 2. THIS COURT ORDERS that the abbreviated, publication and long-form notices of settlement approval hearing are hereby approved substantially in the forms attached respectively hereto as Schedules “B” to “D”. 3. THIS COURT ORDERS that the plan of dissemination for the abbreviated, publication and long-form notices of settlement approval hearing (the “Plan of Dissemination”) is hereby approved in the form attached hereto as Schedule “E” and that the notices of settlement approval hearing shall be disseminated in accordance with the Plan of Dissemination. 4. THIS COURT ORDERS that the Ontario Action is certified as a class proceeding as against the Settling Defendants for settlement purposes only. 5. THIS COURT ORDERS that the “Settlement Class” is certified as follows: All persons in Canada who, during the Class Period, (a) purchased, directly or indirectly Automotive Steel Tubes and/or (b) purchased or leased, directly or indirectly, a new or used Automotive Vehicle containing Automotive Steel Tubes, and/or (c) purchased for import into Canada, a new or used Automotive Vehicle containing Automotive Steel Tubes. Excluded Persons are excluded from the Settlement Class. 6. THIS COURT ORDERS that Gazarek Realty Holdings Ltd. (formerly known as Sheridan Chevrolet Cadillac Ltd.) and 5045320 Ontario Ltd. (formerly known as The Pickering Auto Mall Ltd.) are appointed as the representative plaintiffs for the Settlement Class. 7. THIS COURT ORDERS that the following issue is common to the Settlement Class: Did the Settling Defendants conspire to fix, raise, maintain, and/or stabilize the prices of Automotive Steel Tubes in Canada and/or elsewhere during the Class Period? If so, what damages, if any did the Settlement Class Members suffer? The Honourable Justice ▇▇▇▇▇▇▇▇ Court File No. CV-17-582447-00CP ONTARIO THE HONOURABLE JUSTICE ▇▇▇▇▇▇▇▇ ) ) , THE OF DAY, BETWEEN: Proceeding under the Class Proceedings Act, 1992, S.O. 1992, c. 6 (2) THIS MOTION made by the Ontario Plaintiffs for an Order approving the settlement agreement entered into with Sanoh Industrial Co., Ltd., Sanoh America, Inc., and Sanoh Canada, Ltd. (the “Settling Defendants”) and dismissing this action as against the Settling Defendants, was heard this day at Osgoode Hall, ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇. AND ON READING the materials filed, including the settlement agreement dated ⚫, attached to this Order as Schedule “A” (the “Settlement Agreement”), and on hearing the submissions of counsel for the Ontario Plaintiffs and counsel for the Settling Defendants; AND ON BEING ADVISED that the deadline for objecting to the Settlement Agreement has passed and there have been ⚫ written objections to the Settlement Agreement; 1. THIS COURT ORDERS that, in addition to the definitions used elsewhere in this Order, for the purposes of this Order, the definitions set out in the Settlement Agreement apply to and are incorporated into this Order. 2. THIS COURT ORDERS that in the event of a conflict between this Order and the Settlement Agreement, this Order shall prevail. 3. THIS COURT ORDERS that this Order, including the Settlement Agreement, is binding upon each member of the Settlement Class including those Persons who are minors or mentally incapable and the requirements of Rules 7.04(1) and 7.08(4) of the Rules of Civil Procedure, RRO 1990, Reg 194 are dispensed with in respect of the Ontario Action. 4. THIS COURT ORDERS that the Settlement Agreement is fair, reasonable and in the best interests of the Settlement Class. 5. THIS COURT ORDERS that the Settlement Agreement is hereby approved pursuant to section 29 of the Class Proceedings Act, 1992 and shall be implemented and enforced in accordance with its terms. 6. THIS COURT ORDERS that, upon the Effective Date, each member of the Settlement Class shall be deemed to have consented to the dismissal as against the Releasees of any Other Actions he, she or it has commenced, without costs and with prejudice. 7. THIS COURT ORDERS that, upon the Effective Date, each Other Action commenced in Ontario by any member of the Settlement Class shall be and is hereby dismissed against the Releasees, without costs and with prejudice. 8. THIS COURT ORDERS that, upon the Effective Date, subject to paragraph 10, each Releasor has released and shall be conclusively deemed to have forever and absolutely released the Releasees from the Released Claims. 9. THIS COURT ORDERS that, upon the Effective Date, each Releasor shall not now or hereafter institute, continue, maintain, intervene in or assert, either directly or indirectly, whether in Canada or elsewhere, on their own behalf or on behalf of any class or any other Person, any proceeding, cause of action, claim or demand against any Releasee, or any other Person who may claim contribution or indemnity, or other claims over relief, from any Releasee, whether pursuant to the Negligence Act, RSO 1990, c. N. 1 or other legislation or at common law or equity in respect of any Released Claim. 10. THIS COURT ORDERS that the use of the terms “Releasors” and “Released Claims” in this Order does not constitute a release of claims by those members of the Settlement Class who are resident in any province or territory where the release of one tortfeasor is a release of all tortfeasors. 11. THIS COURT ORDERS that, upon the Effective Date, each member of the Settlement Class who is resident in any province or territory where the release of one tortfeasor is a release of all tortfeasors covenants and undertakes not to make any claim in any way nor to threaten, commence, participate in or continue any proceeding in any jurisdiction against the Releasees in respect of or in relation to the Released Claims. 12. THIS COURT ORDERS that all claims for contribution, indemnity or other claims over, whether asserted, unasserted or asserted in a representative capacity, inclusive of interest, taxes and costs, relating to the Released Claims, which were or could have been brought in the Proceedings or any Other Actions, or otherwise, any named or unnamed co-conspirator that is not a Releasee, any Settled Defendant or any other Person or party against a Releasee, or by a Releasee against any named or unnamed co-conspirator that is not a Releasee, any Settled Defendant or any other Person or party, are barred, prohibited and enjoined in accordance with the terms of this Order. 13. THIS COURT ORDERS that for purposes of administration and enforcement of the Settlement Agreement and this Order, this Court will retain an ongoing supervisory role and the Settling Defendants attorn to the jurisdiction of this Court solely for the purpose of implementing, administering and enforcing the Settlement Agreement and this Order, and subject to the terms and conditions set out in the Settlement Agreement and this Order. 14. THIS COURT ORDERS that, except as provided herein, this Order does not affect any claims or causes of action that any members of the Settlement Class has or may have in the Ontario Action against any Person who is not a Releasee. 15. THIS COURT ORDERS that no Releasee shall have any responsibility or liability whatsoever relating to the administration of the Settlement Agreement; to administration, investment, or distribution of the Trust Account; or to the Distribution Protocol. 16. THIS COURT ORDERS that, in the event that the Settlement Agreement is terminated in accordance with its terms, this Order shall be declared null and void on subsequent motion made on notice. 17. THIS COURT ORDERS that, upon the Effective Date, the Ontario Action be and is hereby dismissed against the Settling Defendants, without costs and with prejudice.
Appears in 2 contracts
Sources: Settlement Agreement, Settlement Agreement
Date of Execution. (1) The Parties have executed this Settlement Agreement as of the date on the cover page. SHERIDAN CHEVROLET CADILLAC LTD. and THE PICKERING AUTO MALL LTD., on their own behalf and on behalf of the Ontario Settlement Class that they propose to representClass, by their counsel Name of Authorized Signatory: ▇▇▇▇▇ ▇▇▇ ▇▇▇▇ for ▇▇▇▇-▇▇▇▇ ▇▇G.A. ▇▇▇▇▇ Signature of Authorized Signatory: for: Sotos LLP Ontario Counsel Name of Authorized Signatory: Signature of Authorized Signatory: ▇▇▇▇▇ ▇▇▇▇▇▇ Siskinds LLP Ontario Counsel Name of Authorized Signatory: ▇▇▇▇▇ ▇▇▇ ▇▇▇▇ for ▇▇▇▇▇▇▇▇ G.A. ▇▇▇▇▇ Signature of Authorized Signatory: for: Camp ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ LLP BC Counsel EBERSPÄCHER GRUPPE GMBH & CO. KG, EBERSPÄCHER EXHAUST TECHNOLOGY GMBH (formerly EBERSPÄCHER EXHAUST ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇ & ▇▇. ▇▇), ▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ AMERICA INC., and EBERSPÄCHER CLIMATE CONTROL SYSTEMS CANADA INC. (formerly ESPAR PRODUCTS INC.) by their counsel Name of Authorized Signatory: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Signature of Authorized Signatory: Counsel for the Settling Defendants Ontario Siskinds LLP Sheridan Tenneco Inc., Tenneco GmbH, All Persons in Canada who, Superior and Sotos LLP Chevrolet Tenneco Automotive Operating during the Class Period, (a) Court of Cadillac Ltd. Company Inc., Tenneco Canada Inc., purchased, directly or Justice Court and The Bosal International NV, Bosal indirectly, Exhaust Systems; File No. CV- Pickering Auto Nederland, B.V., Bosal Industries- and/or (b) purchased or 17-582446- Mall Ltd. Georgia, Inc. o/a Bosal International leased, directly or indirectly, 00CP (the North America, Bosal USA, Inc., a new or used Automotive “Ontario Eberspächer Gruppe GmbH & Co. Vehicle containing Exhaust Action”) KG, Eberspächer Exhaust Technology Systems; and/or (c) purchased GmbH & Co. KG, Eberspächer North for import into Canada, a new America, Inc., Espar Products Inc., or used Automotive Vehicle Faurecia SA, Faurecia Emissions containing Exhaust Systems. Control Technologies Canada, Ltd., Excluded Persons and Faurecia Emissions Control Persons who are included in Technologies USA LLC, Faurecia the BC Settlement Class are Exhaust Systems, Inc., Faurecia USA excluded from the Ontario Holdings, Inc., Meritor, Inc., Friedrich Settlement Class. ▇▇▇▇▇▇ GmbH & Co. KG, and ▇▇▇▇▇▇ USA, LLC Ontario Siskinds LLP Sheridan Faurecia Abgastechnik GmbH, Not Applicable. Superior and Sotos LLP Chevrolet Faurecia Systems D’Echappement, Court of Cadillac Ltd. NGK Spark Plug Co., Ltd., ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ LLP Counsel for the Settling Defendants Ontario Siskinds LLP Court and Sheridan Maruyasu Industries The Industry Co., All Persons in Canada Superior Court Sotos LLP Chevrolet Ltd., Curtis-Maruyasu who, during the Class of Justice NGK Spark Plugs File No. CV- Cadillac Ltd., and AmericaPickering Auto (U.S.A.), Inc., USUI Co., Period, (a) purchased, NGK Spark Plugs 17-582447- The Pickering 00584400- Mall Ltd. (F/K/A/ USAI directly or indirectlyCanada Limited, Denso Corporation, 00CP (the Auto Mall Ltd. Kokusai Sangyo Kaisha Denso International Korea “Second Corporation, Denso Korea Automotive Steel Tubes; “Ontario Ltd.)Corporation, USUI Denso International and/or (b) purchased or Action”) CorporationAmerica, Sanoh leased, directly or Industrial Co., Ltd., indirectly, a new or used Sanoh AmericaInc. Denso Manufacturing Canada, Inc., Automotive Vehicle Sanoh and Denso Sales Canada, Ltd., containing Automotive JTEKT Corporation, Steel Tubes; and/or (c) JTEKT North America purchased for import into Corporation and JTEKT Canada, a new or used Automotive North Automotive Vehicle America, Inc. containing Automotive Steel Tubes. Excluded Persons are excluded from the Settlement Class. British Camp ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ JTEKT Corporation; Not applicable. Bosal International NV, Bosal All Persons in British Columbia Mogerman JTEKT North America Supreme Court ▇▇▇▇▇▇▇▇ Nederland, B.V., Bosal Industries- Columbia who, during the Supreme Mogerman Georgia, Inc. o/a Bosal International Class Period, (a) purchased, Court File No. LLP Corporation; JTEKT S-191335 Automotive North (Vancouver America, Bosal USA, Inc., Maruyasu Registry) (the Industries Co.directly or indirectly, Ltd.; “BC Action”) Exhaust S-192096 ▇▇▇▇▇▇-▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ GmbH & Co. KG, Systems s; and/or (b) (Vancouver ▇▇▇▇▇▇ USA, LLC, Denso purchased or leased, directly Registry) (the Corporation, Denso International or indirectly, a new or used “BC Action”) Korea Corporation, Denso Korea Automotive Vehicle Automotive Corporation, Denso containing Exhaust Systems; International America, Inc. Denso and/or (c) purchased for Manufacturing Canada, Inc.; Sanoh Industrial , Denso import into Canada, a new or Sales Canada, Inc., Eberspächer used Automotive Vehicle Gruppe GmbH & Co. Ltd.; Sanoh KG, containing Exhaust Systems. Eberspächer Exhaust Technology Excluded Persons are GmbH & Co. KG, Eberspächer North excluded from the BC America, Inc. Espar Products Inc.; Sanoh , Settlement Class. Faurecia SA, Faurecia Emissions Control Technologies Canada, Ltd.; USUI , Faurecia Emissions Control Technologies USA LLC, Faurecia Exhaust Systems, Inc., Faurecia USA Holdings, Inc., Faurecia Abgastechnik GmbH, Faurecia Systems D’Echappement, Meritor, Inc., NGK Spark Plug Co.; Ltd. , Ltd., Woojin Industry Co., Ltd., NGK Spark Plugs (F/K/A/ USAI Kokusai Sangyo Kaisha Ltd.U.S.A.); , Inc., NGK Spark Plugs Canada Limited, Tenneco Inc., Tenneco GmbH, Tenneco Automotive Operating Company Inc., and USUI International Corporation Tenneco Canada Inc. Court File No. CV-17-582447582446-00CP ONTARIO THE HONOURABLE ) , THE DAY JUSTICE BELOBABA ) OF , 2019 BETWEEN: Plaintiffs Proceeding under the Class ▇▇▇▇▇▇▇▇▇▇▇ ) ) ▇▇▇, THE OF DAY, BETWEEN: Proceeding under the Class Proceedings Act, 1992▇▇▇▇, S.O. 1992, c. 6 THIS MOTION made by the Plaintiffs for an Order approving the abbreviated, publication, and long-form notices of settlement approval hearings and the method of dissemination of said notices, and certifying this proceeding as a class proceeding for settlement purposes as against Eberspächer Gruppe GmbH & Co. KG, Eberspächer Exhaust Technology GmbH (formerly Eberspächer Exhaust ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇ & ▇▇. ▇▇), ▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ America Inc., and Eberspächer Climate Control Systems Canada Inc. (formerly Espar Products Inc.) (collectively, the “Settling Defendants”) was read this day at Osgoode Hall, ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇. ON READING the materials filed, including the settlement agreement with the Settling Defendants. Defendants dated as of ⚫, 2020 attached to this Order as Schedule “A” (the “Settlement Agreement”), and on reading the submissions of counsel for the Ontario Plaintiffs and Counsel for the Settling Defendants, the Non-Settling Defendants taking no position;
1. THIS COURT ORDERS that, for the purposes of this Order, except to the extent that they are modified in this Order, the definitions set out in the Settlement Agreement apply to and are incorporated into this Order.
2. THIS COURT ORDERS that the abbreviated, publication publication, and long-form notices of settlement approval hearing are hereby approved substantially in the forms attached respectively hereto as Schedules “B” to “D”.
3. THIS COURT ORDERS that the plan of dissemination for the abbreviated, publication publication, and long-form notices of settlement approval hearing (the “Plan of Dissemination”) is hereby approved in the form attached hereto as Schedule “E” and that the notices of settlement approval hearing shall be disseminated in accordance with the Plan of Dissemination.
4. THIS COURT ORDERS that the Ontario Action is certified as a class proceeding as against the Settling Defendants for settlement purposes only.
5. THIS COURT ORDERS that the “Ontario Settlement Class” is certified as follows: All persons Persons in Canada who, during the Class Period, (a) purchased, directly or indirectly Automotive Steel Tubes indirectly, Exhaust Systems; and/or (b) purchased or leased, directly or indirectly, a new or used Automotive Vehicle containing Automotive Steel Tubes, Exhaust Systems; and/or (c) purchased for import into Canada, a new or used Automotive Vehicle containing Automotive Steel TubesExhaust Systems. Excluded Persons and Persons who are included in the BC Settlement Class are excluded from the Ontario Settlement Class.
6. THIS COURT ORDERS that Gazarek Realty Holdings Ltd. (formerly known as Sheridan Chevrolet Cadillac Ltd.) Ltd. and 5045320 Ontario Ltd. (formerly known as The Pickering Auto Mall Ltd.) Ltd. are appointed as the representative plaintiffs for the Settlement Class.
7. THIS COURT ORDERS that the following issue is common to the Ontario Settlement Class: Did the Settling Defendants conspire to fix, raise, maintain, and/or or stabilize the prices of Automotive Steel Tubes Exhaust Systems in Canada and/or and elsewhere during the Class Period? If so, what damages, if any any, did the Settlement Class Members suffer? ?
8. THIS COURT ORDERS that this Order, including but not limited to the certification of the Ontario Action as against the Settling Defendants for settlement purposes and the definition of the Ontario Settlement Class and Common Issue, and any reasons given by the Court in connection with this Order, are without prejudice to the rights and defences of the Non-Settling Defendants in connection with the ongoing Ontario Action or the Second Ontario Action and, without restricting the generality of the foregoing, may not be relied on by any Person to establish jurisdiction, the criteria for certification (including class definition) or the existence or elements of the causes of action asserted in the Ontario Action or the Second Ontario Action, as against the Non-Settling Defendants.
9. THIS COURT ORDERS that paragraphs 2-7 of this Order are contingent upon parallel orders being made by the BC Court, and the terms of this Order shall not be effective unless and until such orders are made by the BC Court. The Honourable Justice Belobaba Court File No. CV-17-582446-00CP THE HONOURABLE ) , THE DAY JUSTICE BELOBABA ) OF , 2019 BETWEEN: Plaintiffs Proceeding under the Class ▇▇▇▇▇▇▇▇▇▇▇ Court File No. CV-17-582447-00CP ONTARIO THE HONOURABLE JUSTICE ▇▇▇, ▇▇▇▇▇▇▇▇ ) ) , THE OF DAY, BETWEEN: Proceeding under the Class Proceedings Act, 1992, S.O. 1992, c. 6
(2) 6 THIS MOTION made by the Ontario Plaintiffs for an Order approving the settlement agreement entered into with Sanoh Industrial Co.Eberspächer Gruppe GmbH & Co. KG, Ltd.Eberspächer Exhaust Technology GmbH (formerly Eberspächer Exhaust ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇ & ▇▇. ▇▇), Sanoh America, ▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ America Inc., and Sanoh CanadaEberspächer Climate Control Systems Canada Inc. (formerly Espar Products Inc.) (collectively, Ltd. (the “Settling Defendants”) ), and dismissing this action as against the Settling Defendants, was heard this day at Osgoode Hall, ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇. AND ON READING the materials filed, including the settlement agreement dated ⚫, 2020, attached to this Order as Schedule “A” (the “Settlement Agreement”), and on hearing the submissions of counsel for the Ontario Plaintiffs and counsel for the Settling Defendants, the Non-Settling Defendants taking no position; AND ON BEING ADVISED that the deadline for objecting to the Settlement Agreement has passed and there have been ⚫ written objections to the Settlement Agreement;
1. THIS COURT ORDERS that, in addition to the definitions used elsewhere in this Order, for the purposes of this Order, the definitions set out in the Settlement Agreement apply to and are incorporated into this Order.
2. THIS COURT ORDERS that that, in the event of a conflict between this Order and the Settlement Agreement, this Order shall prevail.
3. THIS COURT ORDERS that this Order, including the Settlement Agreement, is binding upon each member of the Ontario Settlement Class including those Persons who are minors or mentally incapable and the requirements of Rules 7.04(1) and 7.08(4) of the Rules of Civil Procedure, RRO 1990, Reg 194 Procedure are dispensed with in respect of the Ontario Action.
4. THIS COURT ORDERS that the Settlement Agreement is fair, reasonable and in the best interests of the Ontario Settlement Class.
5. THIS COURT ORDERS that the Settlement Agreement is hereby approved pursuant to section 29 of the Class Proceedings Act, 1992 and shall be implemented and enforced in accordance with its terms.
6. THIS COURT ORDERS that, upon the Effective Date, each member of the Ontario Settlement Class shall be deemed to have consented to the dismissal as against the Releasees of any Other Actions he, she or it has commenced, without costs and with prejudice.
7. THIS COURT ORDERS that, upon the Effective Date, each Other Action commenced in Ontario by any member of the Ontario Settlement Class shall be and is hereby dismissed against the Releasees, without costs and with prejudice.
8. THIS COURT ORDERS that, upon the Effective Date, subject to paragraph 10, each Releasor has released and shall be conclusively deemed to have forever and absolutely released the Releasees from the Released Claims.
9. THIS COURT ORDERS that, upon the Effective Date, each Releasor shall not now or hereafter institute, continue, maintain, intervene in or assert, either directly or indirectly, whether in Canada or elsewhere, on their own behalf or on behalf of any class or any other Person, any proceeding, cause of action, claim or demand against any Releasee, or any other Person who may claim contribution or indemnity, or other claims over relief, from any Releasee, whether pursuant to the Negligence Act, RSO 1990, c. N. 1 or other legislation or at common law or equity in respect of any Released Claim, except for the continuation of the Proceedings and the Second Ontario Action against the Non-Settling Defendants or named or unnamed co-conspirators that are not Releasees or, if the Proceedings or the Second Ontario Action are not certified with respect to the Non-Settling Defendants, the continuation of the claims asserted in the Proceedings or the Second Ontario Action on an individual basis or otherwise against any Non-Settling Defendant or named or unnamed co-conspirator that is not a Releasee.
10. THIS COURT ORDERS that the use of the terms “Releasors” and “Released Claims” in this Order does not constitute a release of claims by those members of the Ontario Settlement Class who are resident in any province or territory where the release of one tortfeasor is a release of all tortfeasors.
11. THIS COURT ORDERS that, upon the Effective Date, each member of the Ontario Settlement Class who is resident in any province or territory where the release of one tortfeasor is a release of all tortfeasors covenants and undertakes not to make any claim in any way nor to threaten, commence, participate in or continue any proceeding in any jurisdiction against the Releasees in respect of or in relation to the Released Claims.
12. THIS COURT ORDERS that all claims for contribution, indemnity or other claims over, whether asserted, unasserted or asserted in a representative capacity, inclusive of interest, taxes and costs, relating to the Released Claims, which were or could have been brought in the Proceedings Proceedings, the Second Ontario Action or any Other Actions, or otherwise, by any Non-Settling Defendant, any named or unnamed co-conspirator that is not a Releasee, any Settled Defendant or any other Person or party against a Releasee, or by a Releasee against any Non-Settling Defendant, any named or unnamed co-conspirator that is not a Releasee, any Settled Defendant or any other Person or party, are barred, prohibited and enjoined in accordance with the terms of this OrderOrder (unless such claim is made in respect of a claim by a Person who has validly opted out of the Proceeding).
13. THIS COURT ORDERS that if this Court ultimately determines that a claim for purposes contribution and indemnity or other claim over, whether in equity or in law, by statute or otherwise is a legally recognized claim:
(a) the Ontario Plaintiffs and the Ontario Settlement Class Members shall not be entitled to claim or recover from the Non-Settling Defendants and/or named or unnamed co-conspirators and/or any other Person or party that is not a Releasee that portion of administration any damages (including punitive damages, if any), restitutionary award, disgorgement of profits, interest and enforcement costs (including investigative costs claimed pursuant to section 36 of the Competition Act) that corresponds to the Proportionate Liability of the Releasees proven at trial or otherwise;
(b) the Ontario Plaintiffs and the Ontario Settlement Agreement Class Members shall limit their claims against the Non-Settling Defendants and/or named or unnamed co- conspirators and/or any other Person or party that is not a Releasee to include only, and this Ordershall only seek to recover from the Non-Settling Defendants and/or named or unnamed co-conspirators and/or any other Person or party that is not a Releasee, those claims for damages (including punitive damages, if any), restitutionary award, disgorgement of profits, interest and costs (including investigative costs claimed pursuant to section 36 of the Competition Act) attributable to the aggregate of the several liability of the Non-Settling Defendants and/or named or unnamed co-conspirators and/or any other Person or party that is not a Releasee to the Ontario Plaintiffs and Ontario Settlement Class Members, if any, and, for greater certainty, the Ontario Settlement Class Members shall be entitled to claim and seek to recover on a joint and several basis as between the Non-Settling Defendants and/or named or unnamed co-conspirators and/or any other Person or party that is not a Releasee, if permitted by law; and
(c) this Court will retain an ongoing supervisory role and shall have full authority to determine the Settling Defendants attorn to the jurisdiction of this Court solely for the purpose of implementing, administering and enforcing the Settlement Agreement and this Order, and subject to the terms and conditions set out in the Settlement Agreement and this Order.
14. THIS COURT ORDERS that, except as provided herein, this Order does not affect any claims or causes of action that any members Proportionate Liability of the Settlement Class has Releasees at the trial or may have other disposition of the Ontario Action or the Second Ontario Action, whether or not the Releasees remain in the Ontario Action against any Person who is not a Releasee.
15. THIS COURT ORDERS that no Releasee shall have any responsibility or liability whatsoever relating to appear at the administration trial or other disposition, and the Proportionate Liability of the Settlement Agreement; to administration, investment, or distribution of the Trust Account; or to the Distribution Protocol.
16. THIS COURT ORDERS that, in the event that the Settlement Agreement is terminated in accordance with its terms, this Order Releasees shall be declared null and void on subsequent motion made on notice.
17. THIS COURT ORDERS that, upon determined as if the Effective Date, Releasees are parties to the Ontario Action be or the Second Ontario Action and is hereby dismissed against any determination by this Court in respect of the Settling Defendants, without costs and with prejudice.Proportionate Liability of the Releasees sha
Appears in 1 contract
Sources: Settlement Agreement
Date of Execution. (1) The Parties have executed this Settlement Agreement as of the date on the cover page. behalf and on behalf of the Settlement Class that they propose to represent, by their counsel Name of Authorized Signatory: ▇▇▇▇▇ ▇▇▇▇▇▇ for ▇▇▇▇-Signature of Authorized Signatory: Siskinds LLP Ontario Counsel SHERIDAN CHEVROLET CADILLAC LTD. and THE PICKERING AUTO MALL Name of Authorized Signatory: ▇▇▇▇ ▇▇▇▇▇▇▇ Signature of Authorized Signatory: for: Sotos LLP Ontario Counsel Name of Authorized Signatory: Signature of Authorized Signatory: ▇▇▇▇▇ ▇▇▇▇▇▇ Siskinds LLP Ontario Counsel Name of Authorized Signatory: ▇▇▇▇▇ ▇▇▇▇▇▇ for ▇▇▇Name of Authorized Signatory: ▇▇▇▇▇ ▇▇▇▇▇▇ Signature of Authorized Signatory: for: Camp ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ LLP BC Counsel LLC, and CONTINENTAL AUTOMOTIVE KOREA, LTD., by their counsel Name of Authorized Signatory: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Signature of Authorized Signatory: ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ LLP Counsel for the Settling Defendants Ontario Superior Court of Justice Court File No. CV- 12-449238- 00CP Siskinds LLP and Sheridan Maruyasu Industries Co., All Persons in Canada Superior Court Sotos LLP Sheridan Chevrolet Ltd., Curtis-Maruyasu who, during the Class of Justice CV- Cadillac Ltd., and America, Inc., USUI Co., Period, (a) purchased, 17-582447- The Pickering Ltd. (F/K/A/ USAI directly or indirectly, 00CP (the Auto Mall Ltd. Kokusai Sangyo Kaisha Automotive Steel Tubes; “Ontario Ltd.), USUI International and/or (b) purchased or Action”) Corporation, Sanoh leased, directly or Industrial Co., Ltd., indirectly, a new or used Sanoh America, Inc., Automotive Vehicle Sanoh Canada, Ltd., containing Automotive JTEKT Corporation, Steel Tubes; and/or (c) JTEKT North America purchased for import into Corporation and JTEKT Canada, a new or used Automotive North Automotive Vehicle America, Inc. containing Automotive Steel Tubes. Excluded Persons are excluded from the Settlement Class. British Camp ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ JTEKT Nippon Seiki Co., Ltd., N.S. International, Ltd., New Sabina Industries, Inc., Calsonic Kansei Corporation; Not applicable. Columbia Mogerman JTEKT , Calsonic Kansei North America Supreme Court ▇▇▇▇▇▇▇▇ LLP Corporation; JTEKT S-191335 Automotive North (Vancouver America, Inc., Maruyasu Registry) Continental AG, Continental Automotive Systems, Inc., Continental Tire Canada, Inc. (the Industries Co.formerly known as Continental Automotive Canada, Inc.), Continental Automotive Electronics LLC, Continental Automotive Korea Ltd.; “BC Action”) ▇▇▇▇▇▇-▇▇▇▇▇▇▇▇ , Denso Corporation, Denso International America, Inc.; Sanoh Industrial Co. Ltd.; Sanoh America, Denso Manufacturing Canada, Inc.; Sanoh , and Denso Sales Canada, Ltd.; USUI Co.; Ltd. (F/K/A/ USAI Kokusai Sangyo Kaisha Ltd.); and USUI International Corporation Court File No. CV-17-582447-00CP ONTARIO THE HONOURABLE JUSTICE ▇▇▇▇▇▇▇▇ ) ) , THE OF DAY, BETWEEN: Proceeding under the Class Proceedings Act, 1992, S.O. 1992, c. 6 ON READING the materials filed, including the settlement agreement with the Settling Defendants. dated as of ⚫, attached to this Order as Schedule “A” (the “Settlement Agreement”), and on reading the submissions of counsel for the Ontario Plaintiffs and Counsel for the Settling Defendants;
1. THIS COURT ORDERS that, for the purposes of this Order, except to the extent that they are modified in this Order, the definitions set out in the Settlement Agreement apply to and are incorporated into this Order.
2. THIS COURT ORDERS that the abbreviated, publication and long-form notices of settlement approval hearing are hereby approved substantially in the forms attached respectively hereto as Schedules “B” to “D”.
3. THIS COURT ORDERS that the plan of dissemination for the abbreviated, publication and long-form notices of settlement approval hearing (the “Plan of Dissemination”) is hereby approved in the form attached hereto as Schedule “E” and that the notices of settlement approval hearing shall be disseminated in accordance with the Plan of Dissemination.
4. THIS COURT ORDERS that the Ontario Action is certified as a class proceeding as against the Settling Defendants for settlement purposes only.
5. THIS COURT ORDERS that the “Settlement Class” is certified as follows: Inc. All persons Persons in Canada who, during the Class Period, (a) purchased, directly or indirectly Automotive Steel Tubes indirectly, Instrument Panel Clusters; and/or (b) purchased or leased, directly or indirectly, a new or used Automotive Vehicle containing Automotive Steel Tubes, Instrument Panel Clusters; and/or (c) purchased for import into Canada, a new or used Automotive Vehicle containing Automotive Steel TubesInstrument Panel Clusters. Excluded Persons and Persons who are included in the Quebec Settlement Class and the BC Settlement Class are excluded from the Ontario Settlement Class.
6. THIS COURT ORDERS that Gazarek Realty Holdings Ltd. (formerly known as Sheridan Chevrolet Cadillac Ltd.) and 5045320 Ontario Ltd. (formerly known as The Pickering Auto Mall Ltd.) are appointed as the representative plaintiffs for the Settlement Class.
7. THIS COURT ORDERS that the following issue is common to the Settlement Class: Did the Settling Defendants conspire to fix, raise, maintain, and/or stabilize the prices of Automotive Steel Tubes in Canada and/or elsewhere during the Class Period? If so, what damages, if any did the Settlement Class Members suffer? The Honourable Justice ▇▇▇▇▇▇▇▇ Court File No. CV-17-582447-00CP ONTARIO THE HONOURABLE JUSTICE ▇▇▇▇▇▇▇▇ ) ) , THE OF DAY, BETWEEN: Proceeding under the Class Proceedings Act, 1992, S.O. 1992, c. 6
(2) THIS MOTION made by the Ontario Plaintiffs for an Order approving the settlement agreement entered into with Sanoh Industrial Co., Ltd., Sanoh America, Inc., and Sanoh Canada, Ltd. (the “Settling Defendants”) and dismissing this action as against the Settling Defendants, was heard this day at Osgoode Hall, ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇. AND ON READING the materials filed, including the settlement agreement dated ⚫, attached to this Order as Schedule “A” (the “Settlement Agreement”), and on hearing the submissions of counsel for the Ontario Plaintiffs and counsel for the Settling Defendants; AND ON BEING ADVISED that the deadline for objecting to the Settlement Agreement has passed and there have been ⚫ written objections to the Settlement Agreement;
1. THIS COURT ORDERS that, in addition to the definitions used elsewhere in this Order, for the purposes of this Order, the definitions set out in the Settlement Agreement apply to and are incorporated into this Order.
2. THIS COURT ORDERS that in the event of a conflict between this Order and the Settlement Agreement, this Order shall prevail.
3. THIS COURT ORDERS that this Order, including the Settlement Agreement, is binding upon each member of the Settlement Class including those Persons who are minors or mentally incapable and the requirements of Rules 7.04(1) and 7.08(4) of the Rules of Civil Procedure, RRO 1990, Reg 194 are dispensed with in respect of the Ontario Action.
4. THIS COURT ORDERS that the Settlement Agreement is fair, reasonable and in the best interests of the Settlement Class.
5. THIS COURT ORDERS that the Settlement Agreement is hereby approved pursuant to section 29 of the Class Proceedings Act, 1992 and shall be implemented and enforced in accordance with its terms.
6. THIS COURT ORDERS that, upon the Effective Date, each member of the Settlement Class shall be deemed to have consented to the dismissal as against the Releasees of any Other Actions he, she or it has commenced, without costs and with prejudice.
7. THIS COURT ORDERS that, upon the Effective Date, each Other Action commenced in Ontario by any member of the Settlement Class shall be and is hereby dismissed against the Releasees, without costs and with prejudice.
8. THIS COURT ORDERS that, upon the Effective Date, subject to paragraph 10, each Releasor has released and shall be conclusively deemed to have forever and absolutely released the Releasees from the Released Claims.
9. THIS COURT ORDERS that, upon the Effective Date, each Releasor shall not now or hereafter institute, continue, maintain, intervene in or assert, either directly or indirectly, whether in Canada or elsewhere, on their own behalf or on behalf of any class or any other Person, any proceeding, cause of action, claim or demand against any Releasee, or any other Person who may claim contribution or indemnity, or other claims over relief, from any Releasee, whether pursuant to the Negligence Act, RSO 1990, c. N. 1 or other legislation or at common law or equity in respect of any Released Claim.
10. THIS COURT ORDERS that the use of the terms “Releasors” and “Released Claims” in this Order does not constitute a release of claims by those members of the Settlement Class who are resident in any province or territory where the release of one tortfeasor is a release of all tortfeasors.
11. THIS COURT ORDERS that, upon the Effective Date, each member of the Settlement Class who is resident in any province or territory where the release of one tortfeasor is a release of all tortfeasors covenants and undertakes not to make any claim in any way nor to threaten, commence, participate in or continue any proceeding in any jurisdiction against the Releasees in respect of or in relation to the Released Claims.
12. THIS COURT ORDERS that all claims for contribution, indemnity or other claims over, whether asserted, unasserted or asserted in a representative capacity, inclusive of interest, taxes and costs, relating to the Released Claims, which were or could have been brought in the Proceedings or any Other Actions, or otherwise, any named or unnamed co-conspirator that is not a Releasee, any Settled Defendant or any other Person or party against a Releasee, or by a Releasee against any named or unnamed co-conspirator that is not a Releasee, any Settled Defendant or any other Person or party, are barred, prohibited and enjoined in accordance with the terms of this Order.
13. THIS COURT ORDERS that for purposes of administration and enforcement of the Settlement Agreement and this Order, this Court will retain an ongoing supervisory role and the Settling Defendants attorn to the jurisdiction of this Court solely for the purpose of implementing, administering and enforcing the Settlement Agreement and this Order, and subject to the terms and conditions set out in the Settlement Agreement and this Order.
14. THIS COURT ORDERS that, except as provided herein, this Order does not affect any claims or causes of action that any members of the Settlement Class has or may have in the Ontario Action against any Person who is not a Releasee.
15. THIS COURT ORDERS that no Releasee shall have any responsibility or liability whatsoever relating to the administration of the Settlement Agreement; to administration, investment, or distribution of the Trust Account; or to the Distribution Protocol.
16. THIS COURT ORDERS that, in the event that the Settlement Agreement is terminated in accordance with its terms, this Order shall be declared null and void on subsequent motion made on notice.
17. THIS COURT ORDERS that, upon the Effective Date, the Ontario Action be and is hereby dismissed against the Settling Defendants, without costs and with prejudice.
Appears in 1 contract
Sources: National Settlement Agreement
Date of Execution. (1) The Parties have executed this Settlement Agreement as of the date on the cover page. behalf Name of Authorized Signatory: Signature of Authorized Signatory: ▇▇▇▇▇ ▇▇▇▇▇▇ and on behalf of the Settlement Class that they propose to represent, by their counsel ▇▇▇▇-▇▇▇▇ ▇▇▇▇▇▇▇ pp: Siskinds LLP and Sotos LLP Ontario Counsel Name of Authorized Signatory: ▇▇▇▇▇ ▇▇▇▇▇▇ for and ▇▇▇▇-▇▇▇▇ ▇▇▇▇▇▇▇ Signature of Authorized Signatory: forpp: Siskinds LLP and Sotos LLP Ontario Counsel Name of Authorized Signatory: Signature of Authorized Signatory: ▇▇▇▇▇ ▇▇▇▇▇▇ Siskinds LLP Ontario Counsel Name of Authorized Signatory: ▇▇▇▇▇ ▇▇▇▇▇▇ for ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ Signature of Authorized Signatory: for: Camp ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ LLP BC Counsel Name of Authorized Signatory: counsel ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Name of Authorized Signatory: Signature of Authorized Signatory: ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ LLP Counsel for the Settling Defendants Ontario Siskinds LLP ▇▇▇▇ ▇’▇▇▇▇▇ Continental AG, Continental Automotive GmbH, Continental Automotive Systems, Inc. and Sheridan Maruyasu Industries Co.Continental Tire Canada, Inc. (formerly known as Continental Automotive Canada, Inc.) All Persons in Canada who, Superior Court and Sotos LLP Chevrolet Ltd., Curtis-Maruyasu who, Swinkels and during the Class of Justice CV- Cadillac Ltd., and America, Inc., USUI Co., Period, (a) Court of ▇▇▇▇▇▇ ▇▇▇▇ & purchased, 17-582447- The Pickering Ltd. (F/K/A/ USAI directly or Justice Court Sons Ltd. indirectly, 00CP (the Auto Mall Ltd. Kokusai Sangyo Kaisha Automotive Steel TubesBraking Systems; “Ontario Ltd.), USUI International File No. CV- and/or (b) purchased or Action”) Corporation, Sanoh 18-00604648- leased, directly or Industrial Co., Ltd., indirectly, 00CP a new or used Sanoh America, Inc., Automotive Vehicle Sanoh Canada, Ltd., containing Automotive JTEKT Corporation, Steel TubesBraking Systems; and/or (c) JTEKT North America purchased for import into Corporation and JTEKT Canada, a new or used Automotive North Automotive Vehicle America, Inc. containing Automotive Steel TubesBraking Systems. Excluded Persons are excluded from the Settlement Class. British Columbia Supreme Court File No. S-196079 (Vancouver Registry) Camp ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ JTEKT Corporation; Not applicable. Columbia Mogerman JTEKT North America Supreme Court ▇▇Continental AG, Continental Automotive GmbH, Continental Automotive Systems, Inc. and Continental Tire Canada, Inc. (formerly known as Continental Automotive Canada, Inc.), ▇▇▇▇▇▇ LLP ▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇ LLC, ▇▇▇▇▇▇ ▇▇▇▇▇ North America Not Applicable Corporation; JTEKT S-191335 Automotive North (Vancouver America, Bosch Brake Components LLC, ▇▇▇▇▇▇ ▇▇▇▇▇ Inc., Maruyasu Registry) (the Industries Co.ZF Friedrichshafen AG, Ltd.; “BC Action”) TRW Automotive GmbH, TRW Vehicle Safety Systems Inc., ▇▇▇▇▇▇-▇▇▇▇▇ Company, TRW Canada Limited, and ▇▇▇▇▇▇-▇▇▇▇▇ America, Inc.; Sanoh Industrial Co. Ltd.; Sanoh America, Inc.; Sanoh Canada, Ltd.; USUI Co.; Ltd. (F/K/A/ USAI Kokusai Sangyo Kaisha Ltd.); and USUI International Corporation Canada Limited Court File No. CV-17CV-18-58244700604648-00CP ONTARIO THE HONOURABLE ) , THE DAY JUSTICE ▇▇▇▇▇▇▇▇ ) ) OF , THE OF DAY, 2024 BETWEEN: Plaintiffs Proceeding under the Class Proceedings Act, 1992, S.O. 1992, c. 6 ON READING the materials filed, including the settlement agreement with the Settling Defendants. Defendants dated as of ⚫, 2024 attached to this Order as Schedule “A” (the “Settlement Agreement”), and on reading the submissions of counsel for the Ontario Plaintiffs and Counsel for the Settling Defendants;
1. THIS COURT ORDERS that, for the purposes of this Order, except to the extent that they are modified in this Order, the definitions set out in the Settlement Agreement apply to and are incorporated into this Order.
2. THIS COURT ORDERS that the abbreviated, publication publication, and long-form notices of settlement approval hearing are hereby approved substantially in the forms attached respectively hereto as Schedules “B” to “D”.
3. THIS COURT ORDERS that the plan of dissemination for the abbreviated, publication publication, and long-form notices of settlement approval hearing (the “Plan of Dissemination”) is hereby approved in the form attached hereto as Schedule “E” and that the notices of settlement approval hearing shall be disseminated in accordance with the Plan of Dissemination.
4. THIS COURT ORDERS that the Ontario Action is certified as a class proceeding as against the Settling Defendants for settlement purposes only.
5. THIS COURT ORDERS that the “Ontario Settlement Class” is certified as follows: All persons Persons in Canada who, during the Class Period, (a) purchased, directly or indirectly Automotive Steel Tubes indirectly, Braking Systems; and/or (b) purchased or leased, directly or indirectly, a new or used Automotive Vehicle containing Automotive Steel Tubes, Braking Systems; and/or (c) purchased for import into Canada, a new or used Automotive Vehicle containing Automotive Steel TubesBraking Systems. Excluded Persons are excluded from the Settlement Class.
6. THIS COURT ORDERS that Gazarek Realty Holdings ▇▇▇▇ ▇’▇▇▇▇▇ ▇▇▇▇▇▇▇▇ and ▇▇▇▇▇▇ ▇▇▇▇ & Sons Ltd. (formerly known as Sheridan Chevrolet Cadillac Ltd.) and 5045320 Ontario Ltd. (formerly known as The Pickering Auto Mall Ltd.) are appointed as the representative plaintiffs for the Ontario Settlement Class.
7. THIS COURT ORDERS that the following issue is common to the Ontario Settlement Class: Did the Settling Defendants conspire to fix, raise, maintain, and/or or stabilize the prices of Automotive Steel Tubes Braking Systems in Canada and/or and elsewhere during the Class Period? If so, what damages, if any any, did the Settlement Class Members suffer? The Honourable Justice ▇▇▇▇▇▇▇▇ Court File No. CV-17CV-18-582447006044648-00CP ONTARIO THE HONOURABLE ) , THE DAY JUSTICE ▇▇▇▇▇▇▇▇ ) ) OF , THE OF DAY, 2024 BETWEEN: Plaintiffs Proceeding under the Class Proceedings Act, 1992, S.O. 1992, c. 6
(2) THIS MOTION made by the Ontario Plaintiffs for an Order approving the settlement agreement entered into with Sanoh Industrial Co., Ltd., Sanoh America, Inc., and Sanoh Canada, Ltd. (the “Settling Defendants”) and dismissing this action as against the Settling Defendants, was heard this day at Osgoode Hall, ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇. 6 AND ON READING the materials filed, including the settlement agreement dated ⚫, 2024, attached to this Order as Schedule “A” (the “Settlement Agreement”), and on hearing the submissions of counsel for the Ontario Plaintiffs and counsel for the Settling Defendants; AND ON BEING ADVISED that the deadline for objecting to the Settlement Agreement has passed and there have been ⚫ written objections to the Settlement Agreement;
1. THIS COURT ORDERS that, in addition to the definitions used elsewhere in this Order, for the purposes of this Order, the definitions set out in the Settlement Agreement apply to and are incorporated into this Order.
2. THIS COURT ORDERS that that, in the event of a conflict between this Order and the Settlement Agreement, this Order shall prevail.
3. THIS COURT ORDERS that this Order, including the Settlement Agreement, is binding upon each member of the Settlement Class including those Persons who are minors or mentally incapable and the requirements of Rules 7.04(1) and 7.08(4) of the Rules of Civil Procedure, RRO 1990, Reg 194 Procedure are dispensed with in respect of the Ontario Action.
4. THIS COURT ORDERS that the Settlement Agreement is fair, reasonable and in the best interests of the Settlement Class.
5. THIS COURT ORDERS that the Settlement Agreement is hereby approved pursuant to section 29 of the Class Proceedings Act, 1992 and shall be implemented and enforced in accordance with its terms.
6. THIS COURT ORDERS that, upon the Effective Date, each member of the Settlement Class shall be deemed to have consented to the dismissal as against the Releasees of any Other Actions he, she or it has commenced, without costs and with prejudice.
7. THIS COURT ORDERS that, upon the Effective Date, each Other Action commenced in Ontario by any member of the Settlement Class shall be and is hereby dismissed against the Releasees, without costs and with prejudice.
8. THIS COURT ORDERS that, upon the Effective Date, subject to paragraph 10, each Releasor has released and shall be conclusively deemed to have forever and absolutely released the Releasees from the Released Claims.
9. THIS COURT ORDERS that, upon the Effective Date, each Releasor shall not now or hereafter institute, continue, maintain, intervene in or assert, either directly or indirectly, whether in Canada or elsewhere, on their own behalf or on behalf of any class or any other Person, any proceeding, cause of action, claim or demand against any Releasee, or any other Person who may claim contribution or indemnity, or other claims over relief, from any Releasee, whether pursuant to the Negligence Act, RSO 1990, c. N. 1 or other legislation or at common law or equity in respect of any Released Claim.
10. THIS COURT ORDERS that the use of the terms “Releasors” and “Released Claims” in this Order does not constitute a release of claims by those members of the Settlement Class who are resident in any province or territory where the release of one tortfeasor is a release of all tortfeasors.
11. THIS COURT ORDERS that, upon the Effective Date, each member of the Settlement Class who is resident in any province or territory where the release of one tortfeasor is a release of all tortfeasors covenants and undertakes not to make any claim in any way nor to threaten, commence, participate in or continue any proceeding in any jurisdiction against the Releasees in respect of or in relation to the Released Claims.
12. THIS COURT ORDERS that all claims for contribution, indemnity or other claims over, whether asserted, unasserted or asserted in a representative capacity, inclusive of interest, taxes and costs, relating to the Released Claims, which were or could have been brought in the Proceedings or any Other Actions, or otherwise, by any Settled Defendant, any named or unnamed co-conspirator that is not a Releasee, any Settled Defendant or any other Person or party against a Releasee, or by a Releasee against any Settled Defendant, any named or unnamed co-co- conspirator that is not a Releasee, any Settled Defendant or any other Person or party, are barred, prohibited and enjoined in accordance with the terms of this OrderOrder (unless such claim is made in respect of a claim by a Person who has validly opted out of the Proceedings).
13. THIS COURT ORDERS that for purposes of administration and enforcement of the Settlement Agreement and this Order, this Court will retain an ongoing supervisory role and the Settling Defendants attorn to the jurisdiction of this Court solely for the purpose of implementing, administering and enforcing the Settlement Agreement and this Order, and subject to the terms and conditions set out in the Settlement Agreement and this Order.
14. THIS COURT ORDERS that, except as provided herein, this Order does not affect any claims or causes of action that any members of the Settlement Class has or may have in the Ontario Action against any Person who is not a Releasee.
15. THIS COURT ORDERS that no Releasee shall have any responsibility or liability whatsoever relating to the administration of the Settlement Agreement; to administration, investment, or distribution of the Trust Account; or to the Distribution Protocol.
15. THIS COURT ORDERS that the Settlement Amount shall be held in the Trust Account by ▇▇▇▇▇▇▇▇ LLP for the benefit of the Settlement Class Members.
16. THIS COURT ORDERS that in the event that some of the Settlement Amount remains in the Trust Account after payment of Class Counsel Disbursements, Class Counsel Fees and Administrative Expenses, Class Counsel shall seek direction from this Court regarding the distribution of the remaining funds.
17. THIS COURT ORDERS that the terms of this Order shall not be effective unless and until this Order has been registered in British Columbia under the Enforcement of Canadian Judgments and Decrees Act or, failing this, the BC Court has issued an order recognizing this Order. If such order or relief is not secured in British Columbia, this Order shall be null and void and without prejudice to the rights of the Parties to proceed with the Ontario Action and any agreement between the Parties incorporated in this Order shall be deemed in any subsequent proceedings to have been made without prejudice.
18. THIS COURT ORDERS that, in the event that the Settlement Agreement is not approved, is terminated in accordance with its terms or otherwise fails to take effect in accordance with its terms, this Order shall be declared null and void on a subsequent motion made on notice.
1719. THIS COURT ORDERS that, upon the Effective Date, the Ontario Action be and the same is hereby dismissed against the Settling Defendantsdismissed, without costs and with prejudice.
Appears in 1 contract
Sources: National Settlement Agreement
Date of Execution. (1) The Parties have executed this Settlement Agreement as of the date on the cover page. behalf and on behalf of the Settlement Class that they propose to represent, by their counsel Name of Authorized Signatory: ▇▇▇▇▇ ▇▇▇▇▇▇ for ▇▇▇▇-▇▇▇▇ ▇. ▇▇▇▇▇▇ Signature of Authorized Signatory: for: Sotos LLP Ontario Counsel Name of Authorized Signatory: Signature of Authorized Signatory: Fasken ▇▇▇▇▇ ▇▇▇▇▇▇ Siskinds LLP Ontario Counsel Name of Authorized Signatory: ▇▇▇▇▇ ▇▇▇▇▇▇ for ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Signature LLP Counsel for the Settling Defendants Ontario Superior Court of Authorized Signatory: for: Justice Court File No. CV-13- 478644-CP Siskinds LLP and Sotos LLP Sheridan Chevrolet Cadillac Ltd., The Pickering Auto Mall Ltd., and ▇▇▇▇ ▇▇▇▇▇▇ JTEKT Corporation, JTEKT North America Corporation, Koyo Corporation of U.S.A., Koyo Canada Inc., Koyo Deutschland GmbH, Nachi- Fujikoshi Corp., Nachi America Inc., Nachi Canada Inc., Nachi All Persons in Canada who, during the Class Period, (a) purchased, directly or indirectly, Bearings; and/or (b) purchased or leased, directly or indirectly, a new or used Automotive Vehicle containing Bearings and/or (c) purchased for import into Canada, a new or used Automotive Vehicle containing Bearings. Excluded Persons and Persons who are included in the Quebec Settlement Class are excluded from the Ontario Settlement Class. Europe GmbH, Nachi Technology Inc., NSK Ltd., NSK Corporation, NSK Americas, Inc., NSK Canada Inc., NSK Europe Ltd., ▇▇▇▇▇▇▇▇▇▇ ▇▇, ▇▇▇▇▇▇▇▇▇▇ Group USA Inc., Schaeffler Canada Inc., Schaeffler Technologies GmbH & Co. KG, FAG Kugelfischer GmbH, AB SKF, SKF USA Inc., SKF Canada Limited, SKF GmbH, NTN Corporation, NTN USA Corporation, NTN Bearing Corp. of America, NTN Bearing Corp. of Canada Ltd., NTN Wälzlager (Europa) GmbH, NTN-SNR Roulements SA, MinebeaMitsumi Inc. and NMB Technologies Corporation Quebec Superior Court of Justice Court File No. 200-06- 000159-130 Siskinds, Desmeules s.e.n.c.r.l ▇▇▇▇▇ ▇▇▇▇▇▇▇ JTEKT Corporation, JTEKT North America Corporation, Koyo Canada, Inc., Nachi- Fujikoshi Corp., Nachi America, Inc., Nachi Canada, Inc., NSK Ltd., NSK Americas, Inc., NSK Canada, Inc., ▇▇▇▇▇▇▇▇▇▇ ▇▇, All Persons in Quebec who, during the Class Period, (a) purchased, directly or indirectly, Bearings; and/or (b) purchased or leased, directly or indirectly, a new or used Automotive Vehicle containing Bearings and/or (c) purchased for import into Canada, a new or used Automotive Vehicle containing Bearings. Excluded Persons are excluded from the Quebec Settlement Class. Schaeffler Group USA, Inc., Schaeffler Canada, Inc., AB SKF, SKF USA, Inc., SKF Canada Limited, NTN Corporation, NTN USA Corporation, NTN Bearing Corp. of America, and NTN Bearing Corp. of Canada, Ltd. British Columbia Supreme Court File No. S- 132958 (Vancouver Registry) Camp ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ LLP BC Counsel Name of Authorized Signatory: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Signature of Authorized Signatory: ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ LLP Counsel for the Settling Defendants Ontario Siskinds LLP and Sheridan Maruyasu Industries Co., All Persons in Canada Superior Court Sotos LLP Chevrolet Ltd., Curtis-Maruyasu who, during the Class of Justice CV- Cadillac Ltd., and America, Inc., USUI Co., Period, (a) purchased, 17-582447- The Pickering Ltd. (F/K/A/ USAI directly or indirectly, 00CP (the Auto Mall Ltd. Kokusai Sangyo Kaisha Automotive Steel Tubes; “Ontario Ltd.), USUI International and/or (b) purchased or Action”) Corporation, Sanoh leased, directly or Industrial Co., Ltd., indirectly, a new or used Sanoh America, Inc., Automotive Vehicle Sanoh Canada, Ltd., containing Automotive JTEKT Corporation, Steel Tubes; and/or (c) JTEKT North America purchased for import into Corporation and JTEKT Canada, a new or used Automotive North Automotive Vehicle America, Inc. containing Automotive Steel Tubes. Excluded Persons are excluded from the Settlement Class. British Camp ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ JTEKT Corporation; Not applicable. Columbia Mogerman JTEKT North , Koyo Canada Inc., Koyo Corporation of USA, Nachi-Fujikoshi Corp., Nachi America Supreme Court Inc., Nachi Canada Inc., NSK Ltd., NSK Americas, Inc., NSK Canada Inc., ▇▇▇▇▇▇▇▇▇▇ LLP Corporation; JTEKT S-191335 Automotive North (Vancouver America, Inc., Maruyasu Registry) (the Industries Co., Ltd.; “BC Action”) ▇▇, ▇▇▇▇-▇▇▇▇▇▇▇▇ Group USA Inc., Schaeffler Canada Inc., Not Applicable AB SKF, SKF USA, Inc., SKF Canada Limited, NTN Corporation, NTN USA Corporation, NTN Bearing Corp. of America, Inc.; Sanoh Industrial Co. Ltd.; Sanoh America, Inc.; Sanoh Canada, Ltd.; USUI Co.; and NTN Bearing Corp. of Canada Ltd. (F/K/A/ USAI Kokusai Sangyo Kaisha Ltd.); and USUI International Corporation Court File No. CV-17CV-13-582447478644-00CP ONTARIO THE HONOURABLE JUSTICE ▇▇▇▇▇▇▇▇ ) ) , THE OF DAY, BETWEEN: Plaintiffs Proceeding under the Class Proceedings Act, 1992, S.O. 1992, c. 6 ON READING the materials filed, including the settlement agreement with the Settling Defendants. dated as of ⚫, attached to this Order as Schedule “A” (the “Settlement Agreement”)SKF Canada Limited, and on reading the submissions of counsel for the Ontario Plaintiffs and Counsel for the Settling Defendants;
1. THIS COURT ORDERS that, for the purposes of this Order, except to the extent that they are modified in this Order, the definitions set out in the Settlement Agreement apply to and are incorporated into this Order.
2. THIS COURT ORDERS that the abbreviated, publication and long-form notices of settlement approval hearing are hereby approved substantially in the forms attached respectively hereto as Schedules “B” to “D”.
3. THIS COURT ORDERS that the plan of dissemination for the abbreviated, publication and long-form notices of settlement approval hearing (the “Plan of Dissemination”) is hereby approved in the form attached hereto as Schedule “E” and that the notices of settlement approval hearing shall be disseminated in accordance with the Plan of Dissemination.
4. THIS COURT ORDERS that the Ontario Action is certified as a class proceeding as against the Settling Defendants for settlement purposes only.
5. THIS COURT ORDERS that the “Settlement Class” is certified as follows: All persons in Canada who, during the Class Period, (a) purchased, directly or indirectly Automotive Steel Tubes and/or (b) purchased or leased, directly or indirectly, a new or used Automotive Vehicle containing Automotive Steel Tubes, and/or (c) purchased for import into Canada, a new or used Automotive Vehicle containing Automotive Steel Tubes. Excluded Persons are excluded from the Settlement Class.
6. THIS COURT ORDERS that Gazarek Realty Holdings Ltd. (formerly known as Sheridan Chevrolet Cadillac Ltd.) and 5045320 Ontario Ltd. (formerly known as The Pickering Auto Mall Ltd.) are appointed as the representative plaintiffs for the Settlement Class.
7. THIS COURT ORDERS that the following issue is common to the Settlement Class: Did the Settling Defendants conspire to fix, raise, maintain, and/or stabilize the prices of Automotive Steel Tubes in Canada and/or elsewhere during the Class Period? If so, what damages, if any did the Settlement Class Members suffer? The Honourable Justice ▇▇▇▇▇▇▇▇ Court File No. CV-17-582447-00CP ONTARIO THE HONOURABLE JUSTICE ▇▇▇▇▇▇▇▇ ) ) , THE OF DAY, BETWEEN: Proceeding under the Class Proceedings Act, 1992, S.O. 1992, c. 6
(2) THIS MOTION made by the Ontario Plaintiffs for an Order approving the settlement agreement entered into with Sanoh Industrial Co., Ltd., Sanoh America, Inc., and Sanoh Canada, Ltd. SKF GmbH (the “Settling Defendants”) and dismissing this action as against the Settling Defendants, was heard this day at Osgoode Hall, ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇. ON READING the materials filed, including the settlement agreement with the Settling Defendants dated as of ⚫, 2022 attached to this Order as Schedule “A” (the “Settlement Agreement”), and on hearing the submissions of counsel for the Ontario Plaintiffs and Counsel for the Settling Defendants;
1. THIS COURT ORDERS that, in addition to the definitions used elsewhere in this Order, for the purposes of this Order, the definitions set out in the Settlement Agreement apply to and are incorporated into this Order.
2. THIS COURT ORDERS that the Ontario Action is certified as a class proceeding as against the Settling Defendants for settlement purposes only.
3. THIS COURT ORDERS that the “Ontario Settlement Class” is defined as: All Persons in Canada who, during the Class Period, (a) purchased, directly or indirectly, Bearings; and/or (b) purchased or leased, directly or indirectly, a new or used Automotive Vehicle containing Bearings; and/or (c) purchased for import into Canada, a new or used Automotive Vehicle containing Bearings. Excluded Persons and Persons who are included in the Quebec Settlement Class are excluded from the Ontario Settlement Class.
4. THIS COURT ORDERS that 5045320 Ontario Ltd. (successor to The Pickering Auto Mall Ltd.), Gazarek Realty Holdings Ltd. (successor to Sheridan Chevrolet Cadillac Ltd.) and ▇▇▇▇ ▇▇▇▇▇▇ are hereby appointed as the representative plaintiffs on behalf of the Ontario Settlement Class.
5. THIS COURT ORDERS that ▇▇▇▇▇▇▇▇ LLP and Sotos LLP are hereby appointed as Class Counsel in this action.
6. THIS COURT DECLARES that the following claims are asserted on behalf of the Ontario Settlement Class:
(a) Claims for unlawful conspiracy pursuant to common law and s. 36 of the Competition Act.
7. THIS COURT DECLARES that the relief sought by the Ontario Settlement Class is:
(a) Damages in the amount of any unlawful overcharge.
8. THIS COURT ORDERS that the following issue is common to the Ontario Settlement Class: Did the Settling Defendants, or any of them, conspire to fix, raise, maintain, and/or stabilize the prices of Bearings in Canada and/or elsewhere during the Class Period? If so, what damages, if any, did Settlement Class Members suffer?
9. THIS COURT ORDERS that the Ontario Settlement Class Members shall be given notice of the settlement approval hearing and the certification of this action in substantially the forms set out in Schedules “B” to “D” and in the manner set out in Schedule “E”.
10. THIS COURT ORDERS that if the Settlement Agreement is not approved, is terminated in accordance with its terms or otherwise fails to take effect for any reason, this Order, including certification for settlement purposes only, shall be set aside and declared null and void and of no force or effect without the need for any further order of this Court.
11. THIS COURT ORDERS that this Order is contingent upon a parallel order being made by the Quebec Court, and the terms of this Order shall not be effective unless and until such an order is made by the Quebec Court. The Honourable Justice ▇▇▇▇▇▇▇▇ Court File No. CV-13-478644-00CP BETWEEN: Plaintiffs Proceeding under the Class Proceedings Act, 1992, S.O. 1992, c. 6 AND ON READING the materials filed, including the settlement agreement dated ⚫, 2022, attached to this Order as Schedule “A” (the “Settlement Agreement”), and on hearing the submissions of counsel for the Ontario Plaintiffs and counsel for the Settling Defendants; AND ON BEING ADVISED that the deadline for objecting to the Settlement Agreement has passed and there have been ⚫ written objections to the Settlement Agreement;
1. THIS COURT ORDERS that, in addition to the definitions used elsewhere in this Order, for the purposes of this Order, the definitions set out in the Settlement Agreement apply to and are incorporated into this Order.
2. THIS COURT ORDERS that that, in the event of a conflict between this Order and the Settlement Agreement, this Order shall prevail.
3. THIS COURT ORDERS that this Order, including the Settlement Agreement, is binding upon the Settling Defendants in accordance with the terms thereof, and upon each member of the Ontario Settlement Class that did not validly opt out of this Action, including those Persons who are minors or mentally incapable and the requirements of Rules 7.04(1) and 7.08(4) of the Rules of Civil Procedure, RRO 1990, Reg 194 Procedure are dispensed with in respect of the Ontario Action.
4. THIS COURT ORDERS that the Settlement Agreement is fair, reasonable and in the best interests of the Ontario Settlement Class.
5. THIS COURT ORDERS that the Settlement Agreement is hereby approved pursuant to section 29 of the Class Proceedings Act, 1992 and shall be implemented and enforced in accordance with its terms.
6. THIS COURT ORDERS that, upon the Effective Date, each member of the Ontario Settlement Class shall be deemed to have consented to the dismissal as against the Releasees of any Other Actions he, she or it has they have commenced, without costs and with prejudice.
7. THIS COURT ORDERS that, upon the Effective Date, each Other Action commenced in Ontario by any member of the Ontario Settlement Class shall be and is hereby dismissed against the Releasees, without costs and with prejudice.
8. THIS COURT ORDERS that, upon the Effective Date, subject to paragraph 10, each Releasor has released and shall be conclusively deemed to have forever and absolutely released the Releasees from the Released Claims.
9. THIS COURT ORDERS that, upon the Effective Date, each Releasor shall not now or hereafter institute, continue, maintain, intervene in or assert, either directly directly, indirectly or indirectlyotherwise, whether in Canada or elsewhere, on their own behalf or on behalf of any class or any other Person, any proceeding, cause of action, claim or demand against any Releasee, or any other Person who may claim contribution or indemnity, or other claims over relief, from any Releasee, whether pursuant to the Negligence Act, RSO 1990, c. N. 1 or other legislation or at common law or equity in respect of any Released Claim.
10. THIS COURT ORDERS that the use of the terms “Releasors” and “Released Claims” in this Order does not constitute a release of claims by those members of the Ontario Settlement Class who are resident in any province or territory where the release of one tortfeasor is a release of all tortfeasors.
11. THIS COURT ORDERS that, upon the Effective Date, each member of the Ontario Settlement Class who is resident in any province or territory where the release of one tortfeasor is a release of all tortfeasors covenants and undertakes not to make any claim in any way nor to threaten, commence, participate in or continue any proceeding in any jurisdiction against the Releasees in respect of or in relation to the Released Claims.
12. THIS COURT ORDERS that all claims for contribution, indemnity or other claims over, whether asserted, unasserted or asserted in a representative capacity, inclusive of interest, taxes and costs, relating to the Released Claims, which were or could have been brought in the Proceedings or any Other Actions, or otherwise, by any named or unnamed co-co- conspirator that is not a Releasee, any Settled Defendant or any other Person or party against a Releasee, or by a Releasee against any named or unnamed co-conspirator that is not a Releasee, any Settled Defendant or any other Person or party, are barred, prohibited and enjoined in accordance with the terms of this OrderOrder (unless such claim is made in respect of a claim by a Person who has validly opted out of the Proceedings).
13. THIS COURT ORDERS that for purposes of administration and enforcement of the Settlement Agreement and this Order, this Court will retain an ongoing supervisory role and the Settling Defendants attorn to the jurisdiction of this Court solely for the purpose of implementing, administering and enforcing the Settlement Agreement and this Order, and subject to the terms and conditions set out in the Settlement Agreement and this Order.
14. THIS COURT ORDERS that, except as provided herein, this Order does not affect any claims or causes of action that any members of the Ontario Settlement Class has or may have in the Ontario Action against any Person who is not a Releasee.
15. THIS COURT ORDERS that no Releasee shall have any responsibility or liability whatsoever relating to the administration of the Settlement Agreement; to administration, investment, or distribution of the Trust Account; or to the Distribution Protocol.
16. THIS COURT ORDERS that the Settlement Amount shall be held in the Trust Account by ▇▇▇▇▇▇▇▇ LLP for the benefit of the Settlement Class Members.
17. THIS COURT ORDERS that in the event that some of the Settlement Amount remains in the Trust Account after payment of Class Counsel Disbursements, Class Counsel Fees and Administrative Expenses, Class Counsel shall seek direction from this Court regarding the distribution of the remaining funds.
18. THIS COURT ORDERS that the approval of the Settlement Agreement is contingent upon approval by the Quebec Court, and the terms of this Order shall not be effective unless and until the Settlement Agreement is approved by the Quebec Court, the Quebec Action has been declared settled out of court with prejudice and without costs as against the Settling Defendants by the Quebec Court, this Order has been registered in British Columbia under the Enforcement of Canadian Judgments and Decrees Act, SBC 2003, c 29, and the BC Action has been discontinued as against the Settling Defendants without costs. If such orders and relief are not secured in Quebec and British Columbia, this Order shall be null and void and without prejudice to the rights of the Parties to proceed with the Ontario Action and any agreement between the Parties incorporated in this Order shall be deemed in any subsequent proceedings to have been made without prejudice.
19. THIS COURT ORDERS that, in the event that the Settlement Agreement is terminated in accordance with its termsterms or otherwise fails to take effect for any reason, this Order shall be declared null and void on subsequent motion made on noticeand of no force or effect without the need for any further order of this Court but with notice to the Class.
1720. THIS COURT ORDERS that, upon the Effective Date, the Ontario Action be and is hereby dismissed against the Settling Defendants, without costs and with prejudice.
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Sources: National Settlement Agreement