Appointment and Role of Claims Administrator. (1) The Court shall appoint Epiq Class Action Services (Epiq) as the Claims Administrator for the purpose of providing notice of the Settlement to the Class, and to administer the Settlement, or such other claims administrator as the Court may appoint. Xxxxx Xxxxxxx shall be the Chief Claims Evaluator.
(2) The Claims Administrator shall sign and adhere to a confidentiality agreement, in a form satisfactory to the Parties, by which they agree to keep confidential any information concerning Class Members. Further, the Claims Administrator shall institute and maintain procedures to ensure that the identity of all Class Members and all information regarding any claims and submissions made by the Class will be kept strictly confidential. At the conclusion of the claims administration process, any information obtained by the Claims Administrator shall be securely deleted and destroyed.
(3) The Claims Administrator shall disseminate the Notices, process all claims, and administer the payment of the Settlement Fund to the Eligible Claimants in accordance with the terms of this Settlement Agreement. The Claims Administrator may consult with Class Counsel with respect to determining if Class Members are Eligible Claimants, or to assist in determining the level of compensation to which Class Members are entitled. The Defendants shall have no right to participate in the claims administration process, but the RWB shall provide reasonable assistance to the Claims Administrator, if called upon by Epiq to do so.
(4) The Claims Administrator shall offer its services to the Class in both French and English.
(5) The Claims Administrator shall report to the Court, Class Counsel and to Defendants’ Counsel on the total number of claims received and the decisions made by it in respect of any claim no later than 30 days after the completion of the claims administration process, and shall file a final report with the Court within 30 days following the distribution of any cy-près payment after the six month stale date has passed for all payments made to Eligible Claimants.
(6) In any reports delivered to the Court or to Defendants’ Counsel, the Claims Administrator shall refer to the Class Members only by a unique claims identifier number, and not by their names.
(7) The Releasees, the Plaintiffs and Class Counsel shall have no responsibility for and no liability whatsoever with respect to the actions of the Claims Administrator or the administration of the Settlement Agreement.
Appointment and Role of Claims Administrator. 1. The Parties will agree on a Claims Administrator to be appointed by the Ontario Court for the purpose of administering this Settlement Agreement.
