Common use of Date of Execution Clause in Contracts

Date of Execution. (1) The Parties have executed this Settlement Agreement as of the date on the cover page. TORONTO STANDARD CONDOMINIUM CORPORATION NO. 1654 on its own behalf and on behalf of the Settlement Class that they propose to represent, by their counsel Name of Authorized Signatory: Signature of Authorized Signatory: Class Counsel CPL INTERIORS LTD. by its counsel Name of Authorized Signatory: Signature of Authorized Signatory: Gowling WLG (Canada) LLP Counsel for the Settling Defendant Court File No. T-680-21 THE HONOURABLE ) , THE DAY JUSTICE LITTLE ) OF , 2022 BETWEEN: Plaintiff Proceeding under the Class ▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇, ▇▇▇▇, S.O. 1992, c. 6 THIS MOTION made by the Plaintiff for an Order certifying this proceeding as a class proceeding for settlement purposes as against CPL Interiors Ltd. (the “Settling Defendant”) and approving notices relating to the certification and settlement was heard this day at the Federal Court, at ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇ ▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇. ON READING the materials filed, including the settlement agreement with CPL Interiors Ltd. dated January 6, 2022 attached to this Order as Schedule “A” (the “Settlement Agreement”), and on reading the submissions of counsel for the Plaintiff and Counsel for the Settling Defendant, the Non-Settling Defendants taking no position; Order; 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 form of the notices of certification for settlement purposes, opting out, objecting to the settlement, and of the settlement approval hearing are hereby approved substantially in the forms attached hereto as Schedules “B” to “D”. 3. THIS COURT ORDERS that the Plan of Dissemination for the notices referred to in paragraph 2 of the Order (the “Plan of Dissemination”) set out in Schedule “E” is hereby approved and further orders that the notices referred to in paragraph 2 of the Order be disseminated in accordance with the Plan of Dissemination. 4. THIS COURT ORDERS that the Proceeding is certified as a class proceeding as against the Settling Defendant for settlement purposes only. 5. THIS COURT ORDERS that the “Settlement Class” is certified as follows: All corporations in Ontario, within the meaning of the Condominium Act, 1998, SO 1998, c 19, that contracted for condominium Refurbishment Services in the GTA and surrounding areas during the Class Period. Excluded from the class are the defendants, their parent companies, subsidiaries, and affiliates. 6. THIS COURT ORDERS that the Plaintiff is appointed as the representative plaintiff for the Settlement Class. 7. THIS COURT ORDERS that the following issue is common to the Ontario Settlement Class: Did the Settling Defendant conspire to fix, raise, maintain, and/or stabilize the prices, rig bids, and/or allocate customers of condominium Refurbishment Services in the GTA during the Class Period? If so, what damages, if any, did Settlement Class Members suffer? 8. THIS COURT ORDERS that paragraphs 1 and 4-7 of this Order, including the certification of the Proceeding as against the Settling Defendant for settlement purposes and the definition of the Settlement Class and Common Issue, and any reasons given by the Court in connection with paragraphs 1 and 4-7 of this Order, are without prejudice to the rights and defences of the Non-Settling Defendants in connection with the ongoing Proceeding 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 Proceeding, as against the Non-Settling Defendants. 9. THIS COURT ORDERS that putative members of the Settlement Class can opt out of the Proceeding by sending a written request to opt out to Class Counsel, postmarked on or before the Opt-Out Deadline. The written election to opt out must be signed by the Person or the Person’s designee and must include the following information: (a) the name, address and telephone number of the corporation; (b) the name, address and position of the Person submitting the written election to opt- out on behalf of the corporation; (c) a statement to the effect that the corporation elects to be excluded from the Proceeding; (d) a brief explanation of the reason why the Person is opting-out of the Proceeding; (e) the following information concerning the Refurbishment Services that are the subject of the Proceeding: (i) the name of the Defendant or other Person who provided the Refurbishment Services; (ii) the date of the contract for Refurbishment Services; and (iii) the total amount paid under the contract for Refurbishment Services; and (iv) a copy of the contract for Refurbishment Services. 10. THIS COURT ORDERS that where the postmark is not visible or legible, the request to opt out shall be deemed to have been postmarked four (4) business days prior to the date that it is received by Class Counsel. 11. THIS COURT ORDERS that any putative member of the Settlement Class who validly opts out of the Proceeding shall have no further right to participate in the Proceeding or to share in the distribution of any funds received as a result of a judgment or settlement in the Proceeding. 12. THIS COURT ORDERS that no further right to opt out of the Proceeding will be provided. 13. THIS COURT ORDERS that, within thirty (30) days of the Opt-Out Deadline, Class Counsel shall provide to the Defendants in the Proceeding a report containing the names of each Person who has validly and timely opted out of the Proceeding and a summary of the information delivered by such Persons pursuant to paragraph 9 above. The Honourable Justice ▇▇▇▇▇▇ Court File No. T-680-21 THE HONOURABLE ) , THE DAY JUSTICE LITTLE ) OF , 2019 BETWEEN: Plaintiff THIS MOTION made by the Plaintiff for an Order approving the settlement agreement entered into with CPL Interiors Ltd. (the “Settling Defendant”) and dismissing this action as against the Settling Defendant, was heard this day at the Federal Court, at ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇ ▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇. AND ON READING the materials filed, including the settlement agreement dated January 6, 2022, attached to this Order as Schedule “A” (the “Settlement Agreement”), and on hearing the submissions of counsel for the Plaintiff and Counsel for the Settling Defendant, 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; AND ON BEING ADVISED that the deadline for opting out of the Proceeding has passed, and ⚫ Persons validly exercised the right to opt out; 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. 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 rule 334.29 of the Federal Court Rules, SOR/98-106 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 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, 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 Proceeding against the Non-Settling Defendants or named or unnamed co-conspirators that are not Releasees or, if the Proceeding are not certified with respect to the Non-Settling Defendants, the continuation of the claims asserted in the Proceeding 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 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 or could in the future have been brought in the Proceeding 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 Order (unless such claim is made in respect of a claim by a Person who has validly opted out of the Proceedings). 11. THIS COURT ORDERS that if this Court ultimately determines that a claim for contribution and indemnity or other claim over, whether in equity or in law, by statute or otherwise is a legally recognized claim: (a) the Plaintiff and the 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 any 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, RSC 1985, c C-34) that corresponds to the Proportionate Liability of the Releasees proven at trial or otherwise; (b) the Plaintiff and the Settlement 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 shall 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, RSC 1985, c C-34) 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 Plaintiff and the Settlement Class Members, if any, and, for greater certainty, the 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 shall have full authority to determine the Proportionate Liability of the Releasees at the trial or other disposition of the Proceeding, whether or not the Releasees remain in the Proceeding or appear at the trial or other disposition, and the Proportionate Liability of the Releasees shall be determined as if the Releasees are parties to the Proceeding and any determination by this Court in respect of the Proportionate Liability of the Releasees shall only apply in the Proceeding and shall not be binding on the Releasees in any other proceeding. 12. THIS COURT ORDERS that nothing in this Order is intended to or shall limit, restrict or affect any arguments which the Non-Settling Defendants may make regarding the reduction of any assessment of 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, RSC 1985, c C-34) or judgment against them in favour of Settlement Class Members in the Proceeding or the rights of the Plaintiff and the Settlement Class Members to oppose or resist any such arguments, except as provided for in this Order. 13. THIS COURT ORDERS that a Non-Settling Defendant may, on motion to this Court determined as if the Settling Defendant remained a party to the Proceeding, and on at least twenty (20) days’ notice to Counsel for the Settling Defendant, and not to be brought unless and until the Proceeding against the Non-Settling Defendants has been certified and all appeals or times to appeal have been exhausted, seek orders for the following: (a) documentary discovery and affidavit(s) of documents from Settling Defendant in accordance with the Federal Courts Rules, SOR/98-106; (b) oral discovery of representative(s) of Settling Defendant, the transcript(s) of which may be read in at trial; (c) leave to serve request(s) to admit on Settling Defendant in respect of factual matters; and/or (d) the production of representative(s) of Settling Defendant to testify at trial, with such witness(es) to be subject to cross-examination by counsel for the Non-Settling Defendants. 14. THIS COURT ORDERS that the Settling Defendant retains all rights to oppose such motion(s) brought under paragraph 13. Moreover, nothing herein restricts the Settling Defendant from seeking a protective order to maintain confidentiality and protection of proprietary information in respect of documents to be produced and/or for information obtained from discovery in accordance with paragraph 13. Notwithstanding any provision in this Order, on any motion brought pursuant to paragraph 13, this Court may make such orders as to costs and other terms as it considers appropriate. 15. THIS COURT ORDERS that a Non-Settling Defendant may effect service of the motion(s) referred to in paragraph 13 above by service on Counsel for the Settling Defendant. 16. 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 Defendant attorns 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. 17. 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 Proceeding against the Non-Settling Defendants or named or unnamed co-conspirators who are not Releasees. 18. 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. 19. THIS COURT ORDERS that the Settlement Amount allocated to the Settlement Class shall be held in the Trust Account by Class Counsel for the benefit of Settlement Class Members and, after the Effective Date, the Settlement Amount allocated to the Settlement Class may be used to pay Class Counsel Disbursements inc

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. TORONTO STANDARD CONDOMINIUM CORPORATION NO. 1654 on its own behalf and on behalf of the Settlement Class that they propose to represent, by their counsel Name of Authorized Signatory: Signature of Authorized Signatory: Sotos LLP Class Counsel CPL INTERIORS LTD. by its counsel Name of Authorized Signatory: Signature of Authorized Signatory: Gowling WLG (Canada) ▇▇▇▇▇▇▇▇▇ Partners LLP Class Counsel for Name of Authorized Signatory: ▇▇▇▇▇▇ K1ein Presidenk, Paymenks and Card Services I have authority to bind the Settling Defendant corporations. Signature of Authorized Signatory: - 2- Court File No. T-680CV-13-21 49387-00CP THE HONOURABLE ) , THE DAY JUSTICE LITTLE ▇▇▇▇▇▇ ) OF , 2022 2020 BETWEEN: Plaintiff Defendants Proceeding under the Class ▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇, ▇▇▇▇, S.O. 1992, c. 6 THIS MOTION made by the Plaintiff for an Order certifying this proceeding as a class proceeding for settlement purposes as against CPL Interiors Ltd. (the “Settling Defendant”) and approving notices relating to the certification and settlement was heard this day at the Federal Court, at ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇ ▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇. ON READING the materials filed, including the settlement agreement with CPL Interiors Ltd. the Defendants dated January 6as of l, 2022 2020 attached to this Order as Schedule “A” (the “Settlement Agreement”), and on reading the submissions of counsel for the Plaintiff and Counsel for the Settling Defendant, the Non-Settling Defendants taking no position; Order;Plaintiff 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 of the notices of certification for settlement purposes, opting out, objecting to the settlement, and of the 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 plan of Dissemination dissemination for the abbreviated, publication and long-form notices referred to in paragraph 2 of the Order settlement approval hearing (the “Plan of Dissemination”) set out is hereby approved in the form attached hereto as Schedule “E” is hereby approved and further orders that the notices referred to in paragraph 2 of the Order settlement approval hearing shall be disseminated in accordance with the Plan of Dissemination. 4. THIS COURT ORDERS that the Proceeding is certified as a class proceeding as against the Settling Defendant for settlement purposes only. 5. THIS COURT ORDERS that the “Settlement Class” is certified as follows: All corporations in Ontario, within the meaning of the Condominium Act, 1998, SO 1998, c 19, that contracted for condominium Refurbishment Services in the GTA and surrounding areas during the Class Period. Excluded from the class are the defendants, their parent companies, subsidiaries, and affiliates. 6. THIS COURT ORDERS that the Plaintiff is appointed as the representative plaintiff for the Settlement Class. 7. THIS COURT ORDERS that the following issue is common to the Ontario Settlement Class: Did the Settling Defendant conspire to fix, raise, maintain, and/or stabilize the prices, rig bids, and/or allocate customers of condominium Refurbishment Services in the GTA during the Class Period? If so, what damages, if any, did Settlement Class Members suffer? 8. THIS COURT ORDERS that paragraphs 1 and 4-7 of this Order, including the certification of the Proceeding as against the Settling Defendant for settlement purposes and the definition of the Settlement Class and Common Issue, and any reasons given by the Court in connection with paragraphs 1 and 4-7 of this Order, are without prejudice to the rights and defences of the Non-Settling Defendants in connection with the ongoing Proceeding 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 Proceeding, as against the Non-Settling Defendants. 9. THIS COURT ORDERS that putative members of the Settlement Class can opt out of the Proceeding by sending a written request to opt out to Class Counsel, postmarked on or before the Opt-Out Deadline. The written election to opt out must be signed by the Person or the Person’s designee and must include the following information: (a) the name, address and telephone number of the corporation; (b) the name, address and position of the Person submitting the written election to opt- out on behalf of the corporation; (c) a statement to the effect that the corporation elects to be excluded from the Proceeding; (d) a brief explanation of the reason why the Person is opting-out of the Proceeding; (e) the following information concerning the Refurbishment Services that are the subject of the Proceeding: (i) the name of the Defendant or other Person who provided the Refurbishment Services; (ii) the date of the contract for Refurbishment Services; and (iii) the total amount paid under the contract for Refurbishment Services; and (iv) a copy of the contract for Refurbishment Services. 10. THIS COURT ORDERS that where the postmark is not visible or legible, the request to opt out shall be deemed to have been postmarked four (4) business days prior to the date that it is received by Class Counsel. 11. THIS COURT ORDERS that any putative member of the Settlement Class who validly opts out of the Proceeding shall have no further right to participate in the Proceeding or to share in the distribution of any funds received as a result of a judgment or settlement in the Proceeding. 12. THIS COURT ORDERS that no further right to opt out of the Proceeding will be provided. 13. THIS COURT ORDERS that, within thirty (30) days of the Opt-Out Deadline, Class Counsel shall provide to the Defendants in the Proceeding a report containing the names of each Person who has validly and timely opted out of the Proceeding and a summary of the information delivered by such Persons pursuant to paragraph 9 above. The Honourable Justice ▇▇▇▇▇▇ Court File No. T-680CV-13-21 49387-00CP THE HONOURABLE ) , THE DAY JUSTICE LITTLE ) OF , 2019 BETWEEN: Plaintiff THIS MOTION made by the Plaintiff for an Order approving the settlement agreement entered into with CPL Interiors Ltd. (the “Settling Defendant”) and dismissing this action as against the Settling Defendant, was heard this day at the Federal Court, at ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ) OF , 2020 BETWEEN: Plaintiff PEOPLES TRUST COMPANY and PEOPLES CARD SERVICES LLP Defendants Proceeding under the Class ▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇. AND S.O. 1992, c. 6 ON READING the materials filed, including the settlement agreement dated January 6l, 20222020, attached to this Order as Schedule “A” (the “Settlement Agreement”), and on hearing the submissions of counsel for the Plaintiff and Counsel for the Settling Defendant, the Non- Settling Defendants taking no positionDefendants; AND ON BEING ADVISED that the deadline for objecting to the Settlement Agreement has passed and there have been l written objections to the Settlement Agreement; AND ON BEING ADVISED that the deadline for opting out of the Proceeding has passed, and ⚫ Persons validly exercised the right to opt out; 14. 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. 25. THIS COURT ORDERS that that, in the event of a conflict between this Order and the Settlement Agreement, this Order shall prevail. 36. THIS COURT ORDERS that this Order, including the Settlement Agreement, is binding upon each member of the Settlement ClassClass 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 are dispensed with in respect of the Proceeding. 47. THIS COURT ORDERS that the Settlement Agreement is fair, reasonable and in the best interests of the Settlement Class. 58. THIS COURT ORDERS that the Settlement Agreement is hereby approved pursuant to rule 334.29 section 29 of the Federal Court RulesClass Proceedings Act, SOR/98-106 1992 and shall be implemented and enforced in accordance with its terms. 69. 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 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 by any member of the Settlement Class shall be and is hereby dismissed against the Releasees, without costs and with prejudice. 810. THIS COURT ORDERS that, upon the Effective Date, 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 Proceeding against the Non-Settling Defendants or named or unnamed co-conspirators that are not Releasees or, if the Proceeding are not certified with respect to the Non-Settling Defendants, the continuation of the claims asserted in the Proceeding 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 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 or could in the future have been brought in the Proceeding 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 Order (unless such claim is made in respect of a claim by a Person who has validly opted out of the Proceedings)Matters. 11. THIS COURT ORDERS that if this Court ultimately determines that a claim for contribution and indemnity or other claim over, whether in equity or in law, by statute or otherwise is a legally recognized claim: (a) the Plaintiff and the 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 any 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, RSC 1985, c C-34) that corresponds to the Proportionate Liability of the Releasees proven at trial or otherwise; (b) the Plaintiff and the Settlement 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 shall 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, RSC 1985, c C-34) 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 Plaintiff and the Settlement Class Members, if any, and, for greater certainty, the 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 shall have full authority to determine the Proportionate Liability of the Releasees at the trial or other disposition of the Proceeding, whether or not the Releasees remain in the Proceeding or appear at the trial or other disposition, and the Proportionate Liability of the Releasees shall be determined as if the Releasees are parties to the Proceeding and any determination by this Court in respect of the Proportionate Liability of the Releasees shall only apply in the Proceeding and shall not be binding on the Releasees in any other proceeding. 12. THIS COURT ORDERS that nothing in this Order is intended to or shall limit, restrict or affect any arguments which the Non-Settling Defendants may make regarding the reduction of any assessment of 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, RSC 1985, c C-34) or judgment against them in favour of Settlement Class Members in the Proceeding or the rights of the Plaintiff and the Settlement Class Members to oppose or resist any such arguments, except as provided for in this Order. 13. THIS COURT ORDERS that a Non-Settling Defendant may, on motion to this Court determined as if the Settling Defendant remained a party to the Proceeding, and on at least twenty (20) days’ notice to Counsel for the Settling Defendant, and not to be brought unless and until the Proceeding against the Non-Settling Defendants has been certified and all appeals or times to appeal have been exhausted, seek orders for the following: (a) documentary discovery and affidavit(s) of documents from Settling Defendant in accordance with the Federal Courts Rules, SOR/98-106; (b) oral discovery of representative(s) of Settling Defendant, the transcript(s) of which may be read in at trial; (c) leave to serve request(s) to admit on Settling Defendant in respect of factual matters; and/or (d) the production of representative(s) of Settling Defendant to testify at trial, with such witness(es) to be subject to cross-examination by counsel for the Non-Settling Defendants. 14. THIS COURT ORDERS that the Settling Defendant retains all rights to oppose such motion(s) brought under paragraph 13. Moreover, nothing herein restricts the Settling Defendant from seeking a protective order to maintain confidentiality and protection of proprietary information in respect of documents to be produced and/or for information obtained from discovery in accordance with paragraph 13. Notwithstanding any provision in this Order, on any motion brought pursuant to paragraph 13, this Court may make such orders as to costs and other terms as it considers appropriate. 15. THIS COURT ORDERS that a Non-Settling Defendant may effect service of the motion(s) referred to in paragraph 13 above by service on Counsel for the Settling Defendant. 16. 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 Defendant attorns 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. 17. 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 Proceeding against the Non-Settling Defendants or named or unnamed co-conspirators who are not Releasees. 1812. 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. 1913. THIS COURT ORDERS that the Settlement Amount allocated to the Settlement Class shall be held in the Trust Account by Class Counsel Sotos LLP for the benefit of Settlement Class Members and, and after the Effective Date, Date the Settlement Amount allocated to the Settlement Class may be used to pay Class Counsel Disbursements incincurred for the benefit of the Class. 14. 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. 15. 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. 16. THIS COURT ORDERS that, upon the Effective Date, the Proceeding be and is hereby dismissed, without costs and with prejudice. 17. THIS COURT ORDERS that, upon the Effective Date, the Orders of this Court dated May 13, 2019 (Summary Judgment), August 7, 2019 (Pre-Judgment Interest) and October 21, 2019 (Costs) are set aside. The Honourable Justice ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇. ▇▇▇▇▇▇ THE HONOURABLE ) , THE DAY JUSTICES ) OF , ▇▇▇▇ ▇ ▇ ▇ ▇ ▇ ▇ ▇: Plaintiff (Respondent / Appellant by Cross-Appeal) AND ON READING the materials filed, including the settlement agreement dated l, 2020, attached to this Order as Schedule “A” (the “Settlement Agreement”) 1. THIS COURT ORDERS that the Defendants’appeal with respect to the issue of punitive damages is allowed and the Order of the Superior Court of Justice is set aside, solely in respect of this issue; 2. THIS COURT ORDERS that the balance of the Defendants’appeal is dismissed; 3. THIS COURT ORDERS that the Plaintiff’s cross-appeal is dismissed; and 4. THIS COURT ORDERS that there be no costs in respect of the Defendants’ appeal or the Plaintiff’s cross-appeal.

Appears in 1 contract

Sources: Class Action Settlement Agreement

Date of Execution. (1) The Parties have executed this Settlement Agreement as of the date on the cover page. TORONTO STANDARD CONDOMINIUM CORPORATION NO. 1654 on its own 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 Class Counsel CPL INTERIORS LTD. by its counsel Name of Authorized Signatory: ▇▇▇▇▇▇▇ ▇▇▇▇▇ for ▇▇▇▇▇ ▇▇▇▇▇ Signature of Authorized Signatory: Gowling WLG (Canada) LLP Counsel for the Settling Defendant Court File No. T-680-21 THE HONOURABLE ) , THE DAY JUSTICE LITTLE ) OF , 2022 BETWEENfor: Plaintiff Proceeding under the Class ▇▇▇▇▇▇ ▇▇▇▇▇▇ LLP Class Counsel Name of Authorized Signatory: ▇▇▇▇▇▇▇ ▇▇▇▇▇ Signature of Authorized Signatory: Siskinds LLP Class Counsel Name of Authorized Signatory: ▇▇▇▇▇▇▇ ▇▇▇▇▇ for ▇▇▇▇▇ ▇▇▇▇▇ Signature of Authorized Signatory: for: Camp ▇▇▇▇▇▇▇▇ ▇▇▇, ▇▇▇▇, S.O. 1992, c. 6 THIS MOTION made by the Plaintiff for an Order certifying this proceeding as a class proceeding for settlement purposes as against CPL Interiors Ltd. (the “Settling Defendant”) and approving notices relating to the certification and settlement was heard this day at the Federal Court, at ▇ ▇▇▇▇▇▇▇▇ LLP Class Counsel Name of Authorized Signatory: ▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ & ▇▇▇▇▇▇▇▇ LLP Signature of Authorized Signatory: Ottawa, Ontario, , 2022 Present: ▇▇. ▇▇▇▇▇▇▇ ▇.. ▇▇▇▇▇▇ B ETW E EN : THIS MOTION, made by the Plaintiffs for an Order approving the short-form and long- form notices of settlement approval hearing, the method of dissemination of said notices, and certifying this proceeding as a class proceeding for settlement purposes as against Nomura International PLC (the “Settling Defendant”) was heard this day at ⚫. ON READING the materials filed, including the settlement agreement with CPL Interiors Ltd. the Settling Defendant dated January 6, 2022 attached to this Order as Schedule “A” (the “Settlement Agreement”), and on reading hearing the submissions of counsel for the Plaintiff and Plaintiffs, Counsel for the Settling Defendant, Counsel for Nomura Securities International, Inc., and counsel for the Non-Settling Defendants taking no position; OrderDefendants; 1. THIS COURT ORDERS that, 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 short-form of the and long-form notices of certification for settlement purposes, opting out, objecting to the settlement, and of the settlement approval hearing are hereby approved substantially in the forms attached respectively hereto as Schedules “B” to “DC”. 3. THIS COURT ORDERS that the Plan plan of Dissemination dissemination for the short-form and long-form notices referred to in paragraph 2 of the Order settlement approval hearing (the “Plan of Dissemination”) set out in Schedule “E” is hereby approved in the form attached hereto as Schedule “D” and further orders that the notices referred to in paragraph 2 of the Order settlement approval hearing shall be disseminated in accordance with the Plan of Dissemination. 4. THIS COURT ORDERS that the Proceeding Action is certified as a class proceeding as against the Settling Defendant for settlement purposes only. 5. THIS COURT ORDERS that the “Settlement Class” is certified as follows: All corporations in Ontario, within the meaning of the Condominium Act, 1998, SO 1998, c 19, that contracted for condominium Refurbishment Services in the GTA and surrounding areas during the Class Period. Excluded from the class are the defendants, their parent companies, subsidiaries, and affiliates. 6. THIS COURT ORDERS that the Plaintiff is appointed as the representative plaintiff for the Settlement Class. 7. THIS COURT ORDERS that the following issue is common to the Ontario Settlement Class: Did the Settling Defendant conspire to fix, raise, maintain, and/or stabilize the prices, rig bids, and/or allocate customers of condominium Refurbishment Services in the GTA during the Class Period? If so, what damages, if any, did Settlement Class Members suffer? 8. THIS COURT ORDERS that paragraphs 1 and 4-7 of this Order, including the certification of the Proceeding as against the Settling Defendant for settlement purposes and the definition of the Settlement Class and Common Issue, and any reasons given by the Court in connection with paragraphs 1 and 4-7 of this Order, are without prejudice to the rights and defences of the Non-Settling Defendants in connection with the ongoing Proceeding 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 Proceeding, as against the Non-Settling Defendants. 9. THIS COURT ORDERS that putative members of the Settlement Class can opt out of the Proceeding by sending a written request to opt out to Class Counsel, postmarked on or before the Opt-Out Deadline. The written election to opt out must be signed by the Person or the Person’s designee and must include the following information: (a) the name, address and telephone number of the corporation; (b) the name, address and position of the Person submitting the written election to opt- out on behalf of the corporation; (c) a statement to the effect that the corporation elects to be excluded from the Proceeding; (d) a brief explanation of the reason why the Person is opting-out of the Proceeding; (e) the following information concerning the Refurbishment Services that are the subject of the Proceeding: (i) the name of the Defendant or other Person who provided the Refurbishment Services; (ii) the date of the contract for Refurbishment Services; and (iii) the total amount paid under the contract for Refurbishment Services; and (iv) a copy of the contract for Refurbishment Services. 10. THIS COURT ORDERS that where the postmark is not visible or legible, the request to opt out shall be deemed to have been postmarked four (4) business days prior to the date that it is received by Class Counsel. 11. THIS COURT ORDERS that any putative member of the Settlement Class who validly opts out of the Proceeding shall have no further right to participate in the Proceeding or to share in the distribution of any funds received as a result of a judgment or settlement in the Proceeding. 12. THIS COURT ORDERS that no further right to opt out of the Proceeding will be provided. 13. THIS COURT ORDERS that, within thirty (30) days of the Opt-Out Deadline, Class Counsel shall provide to the Defendants in the Proceeding a report containing the names of each Person who has validly and timely opted out of the Proceeding and a summary of the information delivered by such Persons pursuant to paragraph 9 above. The Honourable Justice ▇▇▇▇▇▇ Court File No. T-680-21 THE HONOURABLE ) , THE DAY JUSTICE LITTLE ) OF , 2019 BETWEEN: Plaintiff THIS MOTION made by the Plaintiff for an Order approving the settlement agreement entered into with CPL Interiors Ltd. (the “Settling Defendant”) and dismissing this action as against the Settling Defendant, was heard this day at the Federal Court, at ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇ ▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇. AND ON READING the materials filed, including the settlement agreement dated January 6, 2022, attached to this Order as Schedule “A” (the “Settlement Agreement”), and on hearing the submissions of counsel for the Plaintiff and Counsel for the Settling Defendant, 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; AND ON BEING ADVISED that the deadline for opting out of the Proceeding has passed, and ⚫ Persons validly exercised the right to opt out; 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. 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 rule 334.29 of the Federal Court Rules, SOR/98-106 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 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, 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 Proceeding against the Non-Settling Defendants or named or unnamed co-conspirators that are not Releasees or, if the Proceeding are not certified with respect to the Non-Settling Defendants, the continuation of the claims asserted in the Proceeding 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 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 or could in the future have been brought in the Proceeding 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 Order (unless such claim is made in respect of a claim by a Person who has validly opted out of the Proceedings). 11. THIS COURT ORDERS that if this Court ultimately determines that a claim for contribution and indemnity or other claim over, whether in equity or in law, by statute or otherwise is a legally recognized claim: (a) the Plaintiff and the 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 any 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, RSC 1985, c C-34) that corresponds to the Proportionate Liability of the Releasees proven at trial or otherwise; (b) the Plaintiff and the Settlement 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 shall 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, RSC 1985, c C-34) 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 Plaintiff and the Settlement Class Members, if any, and, for greater certainty, the 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 shall have full authority to determine the Proportionate Liability of the Releasees at the trial or other disposition of the Proceeding, whether or not the Releasees remain in the Proceeding or appear at the trial or other disposition, and the Proportionate Liability of the Releasees shall be determined as if the Releasees are parties to the Proceeding and any determination by this Court in respect of the Proportionate Liability of the Releasees shall only apply in the Proceeding and shall not be binding on the Releasees in any other proceeding. 12. THIS COURT ORDERS that nothing in this Order is intended to or shall limit, restrict or affect any arguments which the Non-Settling Defendants may make regarding the reduction of any assessment of 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, RSC 1985, c C-34) or judgment against them in favour of Settlement Class Members in the Proceeding or the rights of the Plaintiff and the Settlement Class Members to oppose or resist any such arguments, except as provided for in this Order. 13. THIS COURT ORDERS that a Non-Settling Defendant may, on motion to this Court determined as if the Settling Defendant remained a party to the Proceeding, and on at least twenty (20) days’ notice to Counsel for the Settling Defendant, and not to be brought unless and until the Proceeding against the Non-Settling Defendants has been certified and all appeals or times to appeal have been exhausted, seek orders for the following: (a) documentary discovery and affidavit(s) of documents from Settling Defendant in accordance with the Federal Courts Rules, SOR/98-106; (b) oral discovery of representative(s) of Settling Defendant, the transcript(s) of which may be read in at trial; (c) leave to serve request(s) to admit on Settling Defendant in respect of factual matters; and/or (d) the production of representative(s) of Settling Defendant to testify at trial, with such witness(es) to be subject to cross-examination by counsel for the Non-Settling Defendants. 14. THIS COURT ORDERS that the Settling Defendant retains all rights to oppose such motion(s) brought under paragraph 13. Moreover, nothing herein restricts the Settling Defendant from seeking a protective order to maintain confidentiality and protection of proprietary information in respect of documents to be produced and/or for information obtained from discovery in accordance with paragraph 13. Notwithstanding any provision in this Order, on any motion brought pursuant to paragraph 13, this Court may make such orders as to costs and other terms as it considers appropriate. 15. THIS COURT ORDERS that a Non-Settling Defendant may effect service of the motion(s) referred to in paragraph 13 above by service on Counsel for the Settling Defendant. 16. 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 Defendant attorns 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. 17. 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 Proceeding against the Non-Settling Defendants or named or unnamed co-conspirators who are not Releasees. 18. 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. 19. THIS COURT ORDERS that the Settlement Amount allocated to the Settlement Class shall be held in the Trust Account by Class Counsel for the benefit of Settlement Class Members and, after the Effective Date, the Settlement Amount allocated to the Settlement Class may be used to pay Class Counsel Disbursements inc

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. TORONTO STANDARD CONDOMINIUM CORPORATION NOSHERIDAN CHEVROLET CADILLAC LTD. 1654 on its own behalf and on behalf of the Settlement Class that they propose to represent, by their counsel THE ▇▇▇▇▇▇▇▇▇ AUTO MALL Name of Authorized Signatory: Signature of Authorized Signatory: Sotos LLP Class Counsel CPL INTERIORS LTD. by its counsel Name of Authorized Signatory: Signature of Authorized Signatory: Gowling WLG (Canada) Name of Authorized Signatory: ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Signature of Authorized Signatory: ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ LLP Counsel for the Settling Defendant Defendants Name: Title: I have authority to bind the Partnership Court File No. T-680CV-14-21 THE HONOURABLE ) , THE DAY JUSTICE LITTLE ) OF , 2022 506645-00CP BETWEEN: Plaintiff Plaintiffs Proceeding under the Class ▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇, ▇▇▇▇, S.O. 1992, c. 6 THIS MOTION made by the Plaintiff for an Order certifying this proceeding as a class proceeding for settlement purposes as against CPL Interiors Ltd. (the “Settling Defendant”) and approving notices relating to the certification and settlement was heard this day at the Federal Court, at ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇ ▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇. ON READING the materials filed, including the settlement agreement with CPL Interiors Ltd. the Settling Defendants dated January 6as of , 2022 2020 attached to this Order as Schedule “A” (the “Settlement Agreement”), and on reading the submissions of counsel for the Plaintiff Plaintiffs and Counsel for the Settling DefendantDefendants, the Non-Settling Defendants taking no position; Order; 1. THIS COURT ORDERS that, 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 of the notices of certification for settlement purposes, opting out, objecting to the settlement, and of the 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 plan of Dissemination dissemination for the abbreviated, publication and long-form notices referred to in paragraph 2 of the Order settlement approval hearing (the “Plan of Dissemination”) set out is hereby approved in the form attached hereto as Schedule “E” is hereby approved and further orders that the notices referred to in paragraph 2 of the Order settlement approval hearing shall be disseminated in accordance with the Plan of Dissemination. 4. THIS COURT ORDERS that the Proceeding is certified as a class proceeding as against the Settling Defendant Defendants for settlement purposes only. 5. THIS COURT ORDERS that the “Settlement Class” is certified as follows: All corporations Persons in OntarioCanada who, within the meaning of the Condominium Act, 1998, SO 1998, c 19, that contracted for condominium Refurbishment Services in the GTA and surrounding areas during the Class Period, (a) purchased, directly or indirectly, Automotive Constant Velocity Joint Boot Products; and/or (b) purchased or leased, directly or indirectly, a new or used Automotive Vehicle containing Constant Velocity Joint Boot Products; and/or (c) purchased for import into Canada, a new or used Automotive Vehicle containing Automotive Constant Velocity Joint Boot Products. Excluded Persons are excluded from the class are the defendants, their parent companies, subsidiaries, and affiliatesSettlement Class. 6. THIS COURT ORDERS that the Plaintiff is Sheridan Chevrolet Cadillac Ltd., The ▇▇▇▇▇▇▇▇▇ Auto Mall Ltd., and ▇▇▇▇ ▇▇▇▇▇▇ are appointed as the representative plaintiff plaintiffs for the Settlement Class. 7. THIS COURT ORDERS that the following issue is common to the Ontario Settlement Class: Did the Settling Defendant Defendants conspire to fix, raise, maintain, and/or or stabilize the prices, rig bids, and/or allocate customers prices of condominium Refurbishment Services Automotive Constant Velocity Joint Boot Products in the GTA Canada and elsewhere during the Class Period? If so, what damages, if any, did Settlement Class Members suffer? 8. 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, paragraphs 1 and 4-7 of this Order shall be declared null and void. 9. THIS COURT ORDERS that this Order, including but not limited to the certification of the Proceeding as against the Settling Defendant Defendants for settlement purposes and the definition of the Settlement Class and Common Issue, and any reasons given by the Court in connection with paragraphs 1 and 4-7 of this Order, are without prejudice to the rights and defences of the Non-Non- Settling Defendants in connection with the ongoing Proceeding 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 Proceeding, as against the Non-Settling Defendants. 910. THIS COURT ORDERS that putative members of the Settlement Class can opt out of the Proceeding by sending a written request to opt out to Class Counsel, postmarked on or before the Opt-Out Deadline. The written election to opt out must be signed by the Person or the Person’s designee and must include the following information: (a) the Person’s full name, current address and telephone number of the corporationnumber; (b) if the namePerson seeking to opt out is a corporation, address the name of the corporation and the position of the Person submitting the written election request to opt- opt out on behalf of the corporation;; and (c) a statement to the effect that the corporation elects Person wishes to be excluded from the Proceeding; (d) a brief explanation of the reason why the Person is opting-out of the Proceeding; (e) the following information concerning the Refurbishment Services that are the subject of the Proceeding: (i) the name of the Defendant or other Person who provided the Refurbishment Services; (ii) the date of the contract for Refurbishment Services; and (iii) the total amount paid under the contract for Refurbishment Services; and (iv) a copy of the contract for Refurbishment Services. 1011. THIS COURT ORDERS that where the postmark is not visible or legible, the request to opt out shall be deemed to have been postmarked four (4) business days prior to the date that it is received by Class Counsel. 1112. THIS COURT ORDERS that any putative member of the Settlement Class who validly opts out of the Proceeding shall have no further right to participate in the Proceeding or to share in the distribution of any funds received as a result of a judgment or settlement in the Proceeding. 1213. THIS COURT ORDERS that no further right to opt out of the Proceeding will be provided. 1314. THIS COURT ORDERS that, within thirty (30) days of the Opt-Out Deadline, Class Counsel shall provide to the Defendants in the Proceeding a report containing the names of each Person who has validly and timely opted out of the Proceeding and a summary of the information delivered by such Persons pursuant to paragraph 9 10 above. The Honourable Justice Belobaba Court File No. CV-14-506645-00CP BETWEEN: Plaintiffs Proceeding under the Class ▇▇▇▇▇▇ Court File No. T-680-21 THE HONOURABLE ) , THE DAY JUSTICE LITTLE ) OF , 2019 BETWEEN: Plaintiff THIS MOTION made by the Plaintiff for an Order approving the settlement agreement entered into with CPL Interiors Ltd. (the “Settling Defendant”) and dismissing this action as against the Settling Defendant, was heard this day at the Federal Court, at ▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇ ▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇. S.O. 1992, c. 6 AND ON READING the materials filed, including the settlement agreement dated January 6, 20222020, attached to this Order as Schedule “A” (the “Settlement Agreement”), and on hearing the submissions of counsel for the Plaintiff Plaintiffs and Counsel counsel for the Settling DefendantDefendants, the Non- 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; AND ON BEING ADVISED that the deadline for opting out of the Proceeding has passed, and Persons validly exercised the right to opt out; 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 ClassClass 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 are dispensed with in respect of the Proceeding. 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 rule 334.29 section 29 of the Federal Court RulesClass Proceedings Act, SOR/98-106 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, except for the continuation of the Proceeding against the Non-Settling Defendants or named or unnamed co-conspirators that are not Releasees or, if the Proceeding are is not certified with respect to the Non-Settling Defendants, the continuation of the claims asserted in the Proceeding 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 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 or could in the future have been brought in the Proceeding 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 Order (unless such claim is made in respect of a claim by a Person who has validly opted out of the ProceedingsProceeding). 1113. THIS COURT ORDERS that if this Court ultimately determines that a claim for contribution and indemnity or other claim over, whether in equity or in law, by statute or otherwise is a legally recognized claim: (a) the Plaintiff Plaintiffs and the 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 any 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, RSC 1985, c C-34) that corresponds to the Proportionate Liability of the Releasees proven at trial or otherwise; (b) the Plaintiff Plaintiffs and the Settlement 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 shall 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, RSC 1985, c C-34) attributable to the aggregate of the several liability of the Non-Settling Defendants and/or named or unnamed co-co- conspirators and/or any other Person or party that is not a Releasee to the Plaintiff Plaintiffs and the Settlement Class Members, if any, and, for greater certainty, the 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-co- conspirators and/or any other Person or party that is not a Releasee, if permitted by law; and (c) this Court shall have full authority to determine the Proportionate Liability of the Releasees at the trial or other disposition of the Proceeding, whether or not the Releasees remain in the Proceeding or appear at the trial or other disposition, and the Proportionate Liability of the Releasees shall be determined as if the Releasees are parties to the Proceeding and any determination by this Court in respect of the Proportionate Liability of the Releasees shall only apply in the Proceeding and shall not be binding on the Releasees in any other proceeding. 1214. THIS COURT ORDERS that nothing in this Order is intended to or shall limit, restrict or affect any arguments which the Non-Settling Defendants may make regarding the reduction of any assessment of 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, RSC 1985, c C-34) or judgment against them in favour of Settlement Class Members in the Proceeding or the rights of the Plaintiff Plaintiffs and the Settlement Class Members to oppose or resist any such arguments, except as provided for in this Order. 1315. THIS COURT ORDERS that a Non-Settling Defendant may, on motion to this Court determined as if the Settling Defendant Defendants remained a party parties to the Proceeding, and on at least twenty (20) days’ notice to Counsel for the Settling DefendantDefendants, and not to be brought unless and until the Proceeding against the Non-Settling Defendants has been certified and all appeals or times to appeal have been exhausted, seek orders for the following: (a) documentary discovery and affidavit(s) of documents from Settling Defendant Defendant(s) in accordance with the Federal Courts RulesRules of Civil Procedure, SOR/98-106RRO 1990, Reg. 194; (b) oral discovery of representative(s) of Settling DefendantDefendant(s), the transcript(s) transcript of which may be read in at trial; (c) leave to serve request(s) to admit on Settling Defendant Defendant(s) in respect of factual matters; and/or (d) the production of representative(s) of Settling Defendant Defendant(s) to testify at trial, with such witness(es) to be subject to cross-examination by counsel for the Non-Settling Defendants. 1416. THIS COURT ORDERS that the Settling Defendant retains Defendants retain all rights to oppose such motion(s) brought under paragraph 1315. Moreover, nothing herein restricts the Settling Defendant Defendants from seeking a protective order to maintain confidentiality and protection of proprietary information in respect of documents to be produced and/or for information obtained from discovery in accordance with paragraph 1315. Notwithstanding any provision in this Order, on any motion brought pursuant to paragraph 1315, this Court may make such orders as to costs and other terms as it considers appropriate. 1517. THIS COURT ORDERS that a Non-Settling Defendant may effect service of the motion(s) referred to in paragraph 13 15 above by service on Counsel for the Settling DefendantDefendants. 1618. 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 Defendant attorns 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. 1719. 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 Proceeding against the Non-Settling Defendants or named or unnamed co-conspirators who are not Releasees. 1820. 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. 1921. THIS COURT ORDERS that the Settlement Amount allocated to the Settlement Class shall be held in the Trust Account by Class Counsel Siskinds LLP for the benefit of Settlement Class Members and, after the Effective Date, the Settlement Amount allocated to the Settlement Class may be used to pay Class Counsel Disbursements incClass

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. TORONTO STANDARD CONDOMINIUM CORPORATION NO. 1654 on its own behalf and on behalf Dated at Scarborough, Ontario this 28th day of the Settlement Class that they propose to representJune, by their counsel Name 2019 Dated at Toronto, Ontario this 28th day of Authorized Signatory: Signature of Authorized Signatory: Class Counsel CPL INTERIORS LTD. by its counsel Name of Authorized Signatory: Signature of Authorized Signatory: Gowling WLG (Canada) LLP Counsel June, 2019 ▇▇▇▇-▇▇▇▇ ▇▇▇▇▇▇▇▇ Lawyers for the Settling Defendant Plaintiff, ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Dated at this day of June, 2019 Per: I have authority to bind the Corporation Dated at this day of June, 2019 Per: I have authority to bind the Corporation Dated at this day of June, 2019 Court File No. T-680-21 THE HONOURABLE ) , THE DAY JUSTICE LITTLE the day ) OF ) of , 2022 BETWEEN: Plaintiff Proceeding under the Class ▇▇▇▇ ▇ ▇ ▇ ▇ ▇ ▇ : Affidavit of ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇, ▇▇▇▇, S.O. 1992, c. 6 THIS MOTION made by the Plaintiff for an Order certifying this proceeding as a class proceeding for settlement purposes as against CPL Interiors Ltd. (the “Settling Defendant”) and approving notices relating to the certification and settlement was heard this day at the Federal Court, at ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇ ▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇. ON READING the materials filedsworn , including the settlement agreement with CPL Interiors Ltd. dated January 6, 2022 attached to this Order as Schedule “A” (the “Settlement Agreement”)2019, and on reading upon hearing the submissions of counsel for the Plaintiff and Counsel for the Settling Defendant, the Non-Settling Defendants taking no position; OrderDefendants; 1. THIS COURT ORDERS that, for that the purposes of this Order, except to the extent that they are modified capitalized terms in this Order, unless otherwise defined in this Order, shall have the definitions meanings set out in the Settlement Agreement apply to and are incorporated into this Orderattached hereto as Appendix 1. 2. THIS COURT ORDERS that the form Notice of the notices of certification for settlement purposes, opting out, objecting to the settlement, and of the settlement approval hearing Hearing are hereby approved substantially in the forms form attached hereto as Schedules “B” to “D”Appendix 2 and Appendix 3, respectively. 3. THIS COURT ORDERS that the Plan Notice of Dissemination for Hearing shall be translated into French, the notices referred to in paragraph 2 cost of which shall be paid from the Order (Settlement Fund, regardless of whether the “Plan of Dissemination”) set out in Schedule “E” Settlement Agreement is hereby approved and further orders that the notices referred to in paragraph 2 of the Order be disseminated in accordance with the Plan of Disseminationapproved. 4. THIS COURT ORDERS that the Proceeding Notice Plan, setting out the plan for dissemination of the Notice of Hearing, is certified approved in the form attached hereto as a class proceeding as against Appendix 4 and the Settling Defendant for settlement purposes onlyNotice of Hearing shall be disseminated in accordance with the Notice Plan. The costs of the short form Notice of Hearing shall be paid by the Defendants. The costs of the long form Notice of Hearing and all other notices shall be paid from the Settlement Fund, regardless of whether the Settlement Agreement is approved. 5. THIS COURT ORDERS that CA2 Class Action Claims Administration is appointed as the Claims Administrator pending this Court’s hearing of a motion to approve the Settlement Class” is certified as follows: All corporations in Ontario, within the meaning of the Condominium Act, 1998, SO 1998, c 19, that contracted for condominium Refurbishment Services in the GTA and surrounding areas during the Class Period. Excluded from the class are the defendants, their parent companies, subsidiaries, and affiliatesAgreement. 6. THIS COURT ORDERS that within 15 days of this Order, the Plaintiff is appointed Defendants will provide to the Claims Administrator or to Class Counsel a complete list (the “List”), to the extent available from their records, of: The names of all persons who: (a) were insured by The Personal Insurance Company (“The Personal”) under a valid automobile insurance policy between January 2012 and May 2019; (b) made an automobile insurance claim under that policy with The Personal between January 2012 and May 2019; and (c) consented to the collection and/or use of their credit score by The Personal or its agents as part of the representative plaintiff for the Settlement Classfraud prevention and detection needs of The Personal’s claims management process. 7. THIS COURT ORDERS that THAT for each person on the List, the Defendants shall provide to the Claims Administrator or to Class Counsel the following issue is common to information: (a) their last known mailing address and email address; (b) the Ontario Settlement Class: Did date they commenced a claim under their automobile insurance policy; and (c) the Settling Defendant conspire to fix, raise, maintain, and/or stabilize the prices, rig bids, and/or allocate customers of condominium Refurbishment Services in the GTA automobile insurance policy number that was applicable during the Class Period? If so, what damages, if any, did Settlement Class Members suffer?time they commenced a claim under their automobile insurance policy. 8. THIS COURT ORDERS that the Claims Administrator shall use the information provided pursuant to paragraphs 1 6 and 4-7 of this Order, including the certification of the Proceeding as against the Settling Defendant for settlement purposes and the definition of the Settlement Class and Common Issue, and any reasons given by the Court in connection with paragraphs 1 and 4-7 of this Order, are without prejudice to the rights and defences of the Non-Settling Defendants in connection with the ongoing Proceeding 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 Proceeding, as against the Non-Settling Defendants. 9. THIS COURT ORDERS that putative members of the Settlement Class can opt out of the Proceeding by sending a written request to opt out to Class Counsel, postmarked on or before the Opt-Out Deadline. The written election to opt out must be signed by the Person or the Person’s designee and must include the following information: (a) the name, address and telephone number of the corporation; (b) the name, address and position of the Person submitting the written election to opt- out on behalf of the corporation; (c) a statement to the effect that the corporation elects to be excluded from the Proceeding; (d) a brief explanation of the reason why the Person is opting-out of the Proceeding; (e) the following information concerning the Refurbishment Services that are the subject of the Proceeding: (i) the name of the Defendant or other Person who provided the Refurbishment Services; (ii) the date of the contract for Refurbishment Services; and (iii) the total amount paid under the contract for Refurbishment Services; and (iv) a copy of the contract for Refurbishment Services. 10. THIS COURT ORDERS that where the postmark is not visible or legible, the request to opt out shall be deemed to have been postmarked four (4) business days prior to the date that it is received by Class Counsel. 11. THIS COURT ORDERS that any putative member of the Settlement Class who validly opts out of the Proceeding shall have no further right to participate in the Proceeding or to share in the distribution of any funds received as a result of a judgment or settlement in the Proceeding. 12. THIS COURT ORDERS that no further right to opt out of the Proceeding will be provided. 13. THIS COURT ORDERS that, within thirty (30) days of the Opt-Out Deadline, Class Counsel shall provide to the Defendants in the Proceeding a report containing the names of each Person who has validly and timely opted out of the Proceeding and a summary of the information delivered by such Persons pursuant to paragraph 9 above. The Honourable Justice ▇▇▇▇▇▇ Court File No. T-680-21 THE HONOURABLE ) , THE DAY JUSTICE LITTLE ) OF , 2019 BETWEEN: Plaintiff THIS MOTION made by the Plaintiff for an Order approving the settlement agreement entered into with CPL Interiors Ltd. (the “Settling Defendant”) and dismissing this action as against the Settling Defendant, was heard this day at the Federal Court, at ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇ ▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇. AND ON READING the materials filed, including the settlement agreement dated January 6, 2022, attached to this Order as Schedule “A” (the “Settlement Agreement”), and on hearing the submissions of counsel for the Plaintiff sole purpose of effecting the Notice Plan and Counsel for facilitating the Settling Defendant, 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; AND ON BEING ADVISED that the deadline for opting out of the Proceeding has passed, and ⚫ Persons validly exercised the right to opt out; 1. THIS COURT ORDERS that, claims administration process 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 accordance with the Settlement Agreement, this Order shall prevail. 3. THIS COURT ORDERS that this Order, including if approved by the Settlement Agreement, is binding upon each member of Court at the Settlement Class. 4. THIS COURT ORDERS that the Settlement Agreement is fair, reasonable certification and in the best interests of the Settlement Class. 5. THIS COURT ORDERS that the Settlement Agreement is hereby approved pursuant to rule 334.29 of the Federal Court Rules, SOR/98-106 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 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, 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 Proceeding against the Non-Settling Defendants or named or unnamed co-conspirators that are not Releasees or, if the Proceeding are not certified with respect to the Non-Settling Defendants, the continuation of the claims asserted in the Proceeding 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 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 or could in the future have been brought in the Proceeding 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 Order (unless such claim is made in respect of a claim by a Person who has validly opted out of the Proceedings). 11. THIS COURT ORDERS that if this Court ultimately determines that a claim for contribution and indemnity or other claim over, whether in equity or in law, by statute or otherwise is a legally recognized claim: (a) the Plaintiff and the 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 any 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, RSC 1985, c C-34) that corresponds to the Proportionate Liability of the Releasees proven at trial or otherwise; (b) the Plaintiff and the Settlement 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 onlysettlement approval motion, and shall only seek to recover from the Non-Settling Defendants and/or named or unnamed co- conspirators and/or any for no 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, RSC 1985, c C-34) 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 Plaintiff and the Settlement Class Members, if any, and, for greater certainty, the 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 shall have full authority to determine the Proportionate Liability of the Releasees at the trial or other disposition of the Proceeding, whether or not the Releasees remain in the Proceeding or appear at the trial or other disposition, and the Proportionate Liability of the Releasees shall be determined as if the Releasees are parties to the Proceeding and any determination by this Court in respect of the Proportionate Liability of the Releasees shall only apply in the Proceeding and shall not be binding on the Releasees in any other proceedingpurpose. 12. THIS COURT ORDERS that nothing in this Order is intended to or shall limit, restrict or affect any arguments which the Non-Settling Defendants may make regarding the reduction of any assessment of 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, RSC 1985, c C-34) or judgment against them in favour of Settlement Class Members in the Proceeding or the rights of the Plaintiff and the Settlement Class Members to oppose or resist any such arguments, except as provided for in this Order. 13. THIS COURT ORDERS that a Non-Settling Defendant may, on motion to this Court determined as if the Settling Defendant remained a party to the Proceeding, and on at least twenty (20) days’ notice to Counsel for the Settling Defendant, and not to be brought unless and until the Proceeding against the Non-Settling Defendants has been certified and all appeals or times to appeal have been exhausted, seek orders for the following: (a) documentary discovery and affidavit(s) of documents from Settling Defendant in accordance with the Federal Courts Rules, SOR/98-106; (b) oral discovery of representative(s) of Settling Defendant, the transcript(s) of which may be read in at trial; (c) leave to serve request(s) to admit on Settling Defendant in respect of factual matters; and/or (d) the production of representative(s) of Settling Defendant to testify at trial, with such witness(es) to be subject to cross-examination by counsel for the Non-Settling Defendants. 14. THIS COURT ORDERS that the Settling Defendant retains all rights to oppose such motion(s) brought under paragraph 13. Moreover, nothing herein restricts the Settling Defendant from seeking a protective order to maintain confidentiality and protection of proprietary information in respect of documents to be produced and/or for information obtained from discovery in accordance with paragraph 13. Notwithstanding any provision in this Order, on any motion brought pursuant to paragraph 13, this Court may make such orders as to costs and other terms as it considers appropriate. 15. THIS COURT ORDERS that a Non-Settling Defendant may effect service of the motion(s) referred to in paragraph 13 above by service on Counsel for the Settling Defendant. 16. 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 Defendant attorns 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. 17. 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 Proceeding against the Non-Settling Defendants or named or unnamed co-conspirators who are not Releasees. 18. 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. 19. THIS COURT ORDERS that the Settlement Amount allocated to the Settlement Class shall be held in the Trust Account by Class Counsel for the benefit of Settlement Class Members and, after the Effective Date, the Settlement Amount allocated to the Settlement Class may be used to pay Class Counsel Disbursements inc

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. TORONTO STANDARD CONDOMINIUM CORPORATION NO. 1654 on its own behalf and on behalf of the Settlement Class that they propose to represent, by their counsel Name of Authorized Signatory: Signature of Authorized Signatory: Sotos LLP Class Counsel CPL INTERIORS LTD. by its counsel Name of Authorized Signatory: Signature of Authorized Signatory: Gowling WLG (Canada) LLP Counsel for the Settling Defendant Court File No. T-680-21 THE HONOURABLE ) , THE DAY JUSTICE LITTLE ) OF , 2022 BETWEEN: Plaintiff Proceeding under the Class ▇▇▇▇▇▇ ▇▇▇▇▇▇ LLP Class Counsel Name of Authorized Signatory: Signature of Authorized Signatory: Siskinds LLP Class Counsel Name of Authorized Signatory: Signature of Authorized Signatory: Camp ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ LLP Name of Authorized Signatory: ▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Signature of Authorized Signatory: Fasken ▇▇▇▇▇▇▇▇▇ ▇▇▇, ▇▇▇▇▇ LLP Ottawa, S.O. 1992Ontario, c. 6 , 2022 Present: ▇▇. ▇▇▇▇▇▇▇ ▇.▇. ▇▇▇▇▇▇ B E T W E E N : THIS MOTION MOTION, made by the Plaintiff Plaintiffs for an Order approving the short-form and long- form notices of settlement approval hearing, the method of dissemination of said notices, and certifying this proceeding as a class proceeding for settlement purposes as against CPL Interiors Ltd. BNP Paribas S.A., BNP Paribas Group, BNP Paribas (Canada), BNP Paribas North America Inc., and BNP Paribas (the “Settling DefendantDefendants”) and approving notices relating to the certification and settlement was heard this day at the Federal Court, at ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇ ▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇. ON READING the materials filed, including the settlement agreement with CPL Interiors Ltd. the Settling Defendants dated January 6, 2022 attached to this Order as Schedule “A” (the “Settlement Agreement”), and on reading hearing the submissions of counsel for the Plaintiff and Counsel Plaintiffs, counsel for the Settling DefendantDefendants, and counsel for the Non-Settling Defendants taking no position; OrderDefendants; 1. THIS COURT ORDERS that, 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 short-form of the and long-form notices of certification for settlement purposes, opting out, objecting to the settlement, and of the settlement approval hearing are hereby approved substantially in the forms attached respectively hereto as Schedules “B” to “DC”. 3. THIS COURT ORDERS that the Plan plan of Dissemination dissemination for the short-form and long-form notices referred to in paragraph 2 of the Order settlement approval hearing (the “Plan of Dissemination”) set out in Schedule “E” is hereby approved in the form attached hereto as Schedule “D” and further orders that the notices referred to in paragraph 2 of the Order settlement approval hearing shall be disseminated in accordance with the Plan of Dissemination. 4. THIS COURT ORDERS that the Proceeding Action is certified as a class proceeding as against the Settling Defendant Defendants for settlement purposes only. 5. THIS COURT ORDERS that the “Settlement Class” is certified as follows: All corporations in Ontario, within the meaning of the Condominium Act, 1998, SO 1998, c 19, that contracted for condominium Refurbishment Services in the GTA and surrounding areas during the Class Period. Excluded from the class are the defendants, their parent companies, subsidiaries, and affiliates. 6. THIS COURT ORDERS that the Plaintiff is appointed as the representative plaintiff for the Settlement Class. 7. THIS COURT ORDERS that the following issue is common to the Ontario Settlement Class: Did the Settling Defendant conspire to fix, raise, maintain, and/or stabilize the prices, rig bids, and/or allocate customers of condominium Refurbishment Services in the GTA during the Class Period? If so, what damages, if any, did Settlement Class Members suffer? 8. THIS COURT ORDERS that paragraphs 1 and 4-7 of this Order, including the certification of the Proceeding as against the Settling Defendant for settlement purposes and the definition of the Settlement Class and Common Issue, and any reasons given by the Court in connection with paragraphs 1 and 4-7 of this Order, are without prejudice to the rights and defences of the Non-Settling Defendants in connection with the ongoing Proceeding 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 Proceeding, as against the Non-Settling Defendants. 9. THIS COURT ORDERS that putative members of the Settlement Class can opt out of the Proceeding by sending a written request to opt out to Class Counsel, postmarked on or before the Opt-Out Deadline. The written election to opt out must be signed by the Person or the Person’s designee and must include the following information: (a) the name, address and telephone number of the corporation; (b) the name, address and position of the Person submitting the written election to opt- out on behalf of the corporation; (c) a statement to the effect that the corporation elects to be excluded from the Proceeding; (d) a brief explanation of the reason why the Person is opting-out of the Proceeding; (e) the following information concerning the Refurbishment Services that are the subject of the Proceeding: (i) the name of the Defendant or other Person who provided the Refurbishment Services; (ii) the date of the contract for Refurbishment Services; and (iii) the total amount paid under the contract for Refurbishment Services; and (iv) a copy of the contract for Refurbishment Services. 10. THIS COURT ORDERS that where the postmark is not visible or legible, the request to opt out shall be deemed to have been postmarked four (4) business days prior to the date that it is received by Class Counsel. 11. THIS COURT ORDERS that any putative member of the Settlement Class who validly opts out of the Proceeding shall have no further right to participate in the Proceeding or to share in the distribution of any funds received as a result of a judgment or settlement in the Proceeding. 12. THIS COURT ORDERS that no further right to opt out of the Proceeding will be provided. 13. THIS COURT ORDERS that, within thirty (30) days of the Opt-Out Deadline, Class Counsel shall provide to the Defendants in the Proceeding a report containing the names of each Person who has validly and timely opted out of the Proceeding and a summary of the information delivered by such Persons pursuant to paragraph 9 above. The Honourable Justice ▇▇▇▇▇▇ Court File No. T-680-21 THE HONOURABLE ) , THE DAY JUSTICE LITTLE ) OF , 2019 BETWEEN: Plaintiff THIS MOTION made by the Plaintiff for an Order approving the settlement agreement entered into with CPL Interiors Ltd. (the “Settling Defendant”) and dismissing this action as against the Settling Defendant, was heard this day at the Federal Court, at ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇ ▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇. AND ON READING the materials filed, including the settlement agreement dated January 6, 2022, attached to this Order as Schedule “A” (the “Settlement Agreement”), and on hearing the submissions of counsel for the Plaintiff and Counsel for the Settling Defendant, 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; AND ON BEING ADVISED that the deadline for opting out of the Proceeding has passed, and ⚫ Persons validly exercised the right to opt out; 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. 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 rule 334.29 of the Federal Court Rules, SOR/98-106 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 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, 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 Proceeding against the Non-Settling Defendants or named or unnamed co-conspirators that are not Releasees or, if the Proceeding are not certified with respect to the Non-Settling Defendants, the continuation of the claims asserted in the Proceeding 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 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 or could in the future have been brought in the Proceeding 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 Order (unless such claim is made in respect of a claim by a Person who has validly opted out of the Proceedings). 11. THIS COURT ORDERS that if this Court ultimately determines that a claim for contribution and indemnity or other claim over, whether in equity or in law, by statute or otherwise is a legally recognized claim: (a) the Plaintiff and the 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 any 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, RSC 1985, c C-34) that corresponds to the Proportionate Liability of the Releasees proven at trial or otherwise; (b) the Plaintiff and the Settlement 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 shall 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, RSC 1985, c C-34) 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 Plaintiff and the Settlement Class Members, if any, and, for greater certainty, the 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 shall have full authority to determine the Proportionate Liability of the Releasees at the trial or other disposition of the Proceeding, whether or not the Releasees remain in the Proceeding or appear at the trial or other disposition, and the Proportionate Liability of the Releasees shall be determined as if the Releasees are parties to the Proceeding and any determination by this Court in respect of the Proportionate Liability of the Releasees shall only apply in the Proceeding and shall not be binding on the Releasees in any other proceeding. 12. THIS COURT ORDERS that nothing in this Order is intended to or shall limit, restrict or affect any arguments which the Non-Settling Defendants may make regarding the reduction of any assessment of 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, RSC 1985, c C-34) or judgment against them in favour of Settlement Class Members in the Proceeding or the rights of the Plaintiff and the Settlement Class Members to oppose or resist any such arguments, except as provided for in this Order. 13. THIS COURT ORDERS that a Non-Settling Defendant may, on motion to this Court determined as if the Settling Defendant remained a party to the Proceeding, and on at least twenty (20) days’ notice to Counsel for the Settling Defendant, and not to be brought unless and until the Proceeding against the Non-Settling Defendants has been certified and all appeals or times to appeal have been exhausted, seek orders for the following: (a) documentary discovery and affidavit(s) of documents from Settling Defendant in accordance with the Federal Courts Rules, SOR/98-106; (b) oral discovery of representative(s) of Settling Defendant, the transcript(s) of which may be read in at trial; (c) leave to serve request(s) to admit on Settling Defendant in respect of factual matters; and/or (d) the production of representative(s) of Settling Defendant to testify at trial, with such witness(es) to be subject to cross-examination by counsel for the Non-Settling Defendants. 14. THIS COURT ORDERS that the Settling Defendant retains all rights to oppose such motion(s) brought under paragraph 13. Moreover, nothing herein restricts the Settling Defendant from seeking a protective order to maintain confidentiality and protection of proprietary information in respect of documents to be produced and/or for information obtained from discovery in accordance with paragraph 13. Notwithstanding any provision in this Order, on any motion brought pursuant to paragraph 13, this Court may make such orders as to costs and other terms as it considers appropriate. 15. THIS COURT ORDERS that a Non-Settling Defendant may effect service of the motion(s) referred to in paragraph 13 above by service on Counsel for the Settling Defendant. 16. 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 Defendant attorns 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. 17. 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 Proceeding against the Non-Settling Defendants or named or unnamed co-conspirators who are not Releasees. 18. 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. 19. THIS COURT ORDERS that the Settlement Amount allocated to the Settlement Class shall be held in the Trust Account by Class Counsel for the benefit of Settlement Class Members and, after the Effective Date, the Settlement Amount allocated to the Settlement Class may be used to pay Class Counsel Disbursements inc

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Sources: Canadian Ssa Bonds Class Action National Settlement Agreement