Date of Execution. (1) The Parties have executed this Settlement Agreement as of the date on the cover page. behalf and on behalf of the Settlement Class that they propose to represent, by their counsel Name of Authorized Signatory: Xxxxx Xxxxxx for Xxxx-Xxxx Xxxxxxx Signature of Authorized Signatory: for: Sotos LLP Ontario Counsel Name of Authorized Signatory: Signature of Authorized Signatory: Xxxxx Xxxxxx Siskinds LLP Ontario Counsel Name of Authorized Signatory: Xxxxx Xxxxxx for Xxxxxxxx Xxxxx Signature of Authorized Signatory: for: Camp Xxxxxxxx Xxxxxxxx Xxxxxxxx LLP BC Counsel Name of Authorized Signatory: Xxxxxx X. Xxxxxx Signature of Authorized Signatory: Xxxxxx Xxxxxx Xxxxxxx LLP Counsel for the Settling Defendants Ontario Siskinds LLP and Sheridan Maruyasu Industries Co., All Persons in Canada Superior Court Sotos LLP Chevrolet Ltd., Curtis-Maruyasu who, during the Class of Justice CV- Cadillac Ltd., and America, Inc., USUI Co., Period, (a) purchased, 17-582447- The Pickering Ltd. (F/K/A/ USAI directly or indirectly, 00CP (the Auto Mall Ltd. Kokusai Sangyo Kaisha Automotive Steel Tubes; “Ontario Ltd.), USUI International and/or (b) purchased or Action”) Corporation, Sanoh leased, directly or Industrial Co., Ltd., indirectly, a new or used Sanoh America, Inc., Automotive Vehicle Sanoh Canada, Ltd., containing Automotive JTEKT Corporation, Steel Tubes; and/or (c) JTEKT North America purchased for import into Corporation and JTEKT Canada, a new or used Automotive North Automotive Vehicle America, Inc. containing Automotive Steel Tubes. Excluded Persons are excluded from the Settlement Class. British Camp Xxxxxxxx Xxxxxx Xxxxx JTEKT Corporation; Not applicable. Columbia Mogerman JTEKT North America Supreme Court Xxxxxxxx LLP Corporation; JTEKT S-191335 Automotive North (Vancouver America, Inc., Maruyasu Registry) (the Industries Co., Ltd.; “BC Action”) Xxxxxx-Xxxxxxxx America, Inc.; Sanoh Industrial Co. Ltd.; Sanoh America, Inc.; Sanoh Canada, Ltd.; USUI Co.; Ltd. (F/K/A/ USAI Kokusai Sangyo Kaisha Ltd.); and USUI International Corporation Court File No. CV-17-582447-00CP ONTARIO THE HONOURABLE JUSTICE XXXXXXXX ) ) , THE OF DAY, BETWEEN: Proceeding under the Class Proceedings Act, 1992, S.O. 1992, c. 6 ON READING the materials filed, including the settlement agreement with the Settling Defendants. dated as of ⚫, attached to this Order as Schedule “A” (the “Settlement Agreement”), and on reading the submissions of counsel for the Ontario Plaintiffs and Counsel for the Settling Defendants; 1. THIS COURT ORDERS that, for the purposes of this Order, except to the extent that they are modified in this Order, the definitions set out in the Settlement Agreement apply to and are incorporated into this Order. 2. THIS COURT ORDERS that the abbreviated, publication and long-form notices of settlement approval hearing are hereby approved substantially in the forms attached respectively hereto as Schedules “B” to “D”. 3. THIS COURT ORDERS that the plan of dissemination for the abbreviated, publication and long-form notices of settlement approval hearing (the “Plan of Dissemination”) is hereby approved in the form attached hereto as Schedule “E” and that the notices of settlement approval hearing shall be disseminated in accordance with the Plan of Dissemination. 4. THIS COURT ORDERS that the Ontario Action is certified as a class proceeding as against the Settling Defendants for settlement purposes only. 5. THIS COURT ORDERS that the “Settlement Class” is certified as follows: All persons in Canada who, during the Class Period, (a) purchased, directly or indirectly Automotive Steel Tubes and/or (b) purchased or leased, directly or indirectly, a new or used Automotive Vehicle containing Automotive Steel Tubes, and/or (c) purchased for import into Canada, a new or used Automotive Vehicle containing Automotive Steel Tubes. Excluded Persons are excluded from the Settlement Class. 6. THIS COURT ORDERS that Gazarek Realty Holdings Ltd. (formerly known as Sheridan Chevrolet Cadillac Ltd.) and 5045320 Ontario Ltd. (formerly known as The Pickering Auto Mall Ltd.) are appointed as the representative plaintiffs for the Settlement Class. 7. THIS COURT ORDERS that the following issue is common to the Settlement Class: Did the Settling Defendants conspire to fix, raise, maintain, and/or stabilize the prices of Automotive Steel Tubes in Canada and/or elsewhere during the Class Period? If so, what damages, if any did the Settlement Class Members suffer? The Honourable Justice Xxxxxxxx Court File No. CV-17-582447-00CP ONTARIO THE HONOURABLE JUSTICE XXXXXXXX ) ) , THE OF DAY, BETWEEN: Proceeding under the Class Proceedings Act, 1992, S.O. 1992, c. 6 (2) THIS MOTION made by the Ontario Plaintiffs for an Order approving the settlement agreement entered into with Sanoh Industrial Co., Ltd., Sanoh America, Inc., and Sanoh Canada, Ltd. (the “Settling Defendants”) and dismissing this action as against the Settling Defendants, was heard this day at Osgoode Hall, 000 Xxxxx Xxxxxx Xxxx, Xxxxxxx, Xxxxxxx. AND ON READING the materials filed, including the settlement agreement dated ⚫, attached to this Order as Schedule “A” (the “Settlement Agreement”), and on hearing the submissions of counsel for the Ontario Plaintiffs and counsel for the Settling Defendants; AND ON BEING ADVISED that the deadline for objecting to the Settlement Agreement has passed and there have been ⚫ written objections to the Settlement Agreement; 1. THIS COURT ORDERS that, in addition to the definitions used elsewhere in this Order, for the purposes of this Order, the definitions set out in the Settlement Agreement apply to and are incorporated into this Order. 2. THIS COURT ORDERS that in the event of a conflict between this Order and the Settlement Agreement, this Order shall prevail. 3. THIS COURT ORDERS that this Order, including the Settlement Agreement, is binding upon each member of the Settlement Class including those Persons who are minors or mentally incapable and the requirements of Rules 7.04(1) and 7.08(4) of the Rules of Civil Procedure, RRO 1990, Reg 194 are dispensed with in respect of the Ontario Action. 4. THIS COURT ORDERS that the Settlement Agreement is fair, reasonable and in the best interests of the Settlement Class. 5. THIS COURT ORDERS that the Settlement Agreement is hereby approved pursuant to section 29 of the Class Proceedings Act, 1992 and shall be implemented and enforced in accordance with its terms. 6. THIS COURT ORDERS that, upon the Effective Date, each member of the Settlement Class shall be deemed to have consented to the dismissal as against the Releasees of any Other Actions he, she or it has commenced, without costs and with prejudice. 7. THIS COURT ORDERS that, upon the Effective Date, each Other Action commenced in Ontario by any member of the Settlement Class shall be and is hereby dismissed against the Releasees, without costs and with prejudice. 8. THIS COURT ORDERS that, upon the Effective Date, subject to paragraph 10, each Releasor has released and shall be conclusively deemed to have forever and absolutely released the Releasees from the Released Claims. 9. THIS COURT ORDERS that, upon the Effective Date, each Releasor shall not now or hereafter institute, continue, maintain, intervene in or assert, either directly or indirectly, whether in Canada or elsewhere, on their own behalf or on behalf of any class or any other Person, any proceeding, cause of action, claim or demand against any Releasee, or any other Person who may claim contribution or indemnity, or other claims over relief, from any Releasee, whether pursuant to the Negligence Act, RSO 1990, c. N. 1 or other legislation or at common law or equity in respect of any Released Claim. 10. THIS COURT ORDERS that the use of the terms “Releasors” and “Released Claims” in this Order does not constitute a release of claims by those members of the Settlement Class who are resident in any province or territory where the release of one tortfeasor is a release of all tortfeasors. 11. THIS COURT ORDERS that, upon the Effective Date, each member of the Settlement Class who is resident in any province or territory where the release of one tortfeasor is a release of all tortfeasors covenants and undertakes not to make any claim in any way nor to threaten, commence, participate in or continue any proceeding in any jurisdiction against the Releasees in respect of or in relation to the Released Claims. 12. THIS COURT ORDERS that all claims for contribution, indemnity or other claims over, whether asserted, unasserted or asserted in a representative capacity, inclusive of interest, taxes and costs, relating to the Released Claims, which were or could have been brought in the Proceedings or any Other Actions, or otherwise, any named or unnamed co-conspirator that is not a Releasee, any Settled Defendant or any other Person or party against a Releasee, or by a Releasee against any named or unnamed co-conspirator that is not a Releasee, any Settled Defendant or any other Person or party, are barred, prohibited and enjoined in accordance with the terms of this Order. 13. THIS COURT ORDERS that for purposes of administration and enforcement of the Settlement Agreement and this Order, this Court will retain an ongoing supervisory role and the Settling Defendants attorn to the jurisdiction of this Court solely for the purpose of implementing, administering and enforcing the Settlement Agreement and this Order, and subject to the terms and conditions set out in the Settlement Agreement and this Order. 14. THIS COURT ORDERS that, except as provided herein, this Order does not affect any claims or causes of action that any members of the Settlement Class has or may have in the Ontario Action against any Person who is not a Releasee. 15. THIS COURT ORDERS that no Releasee shall have any responsibility or liability whatsoever relating to the administration of the Settlement Agreement; to administration, investment, or distribution of the Trust Account; or to the Distribution Protocol. 16. THIS COURT ORDERS that, in the event that the Settlement Agreement is terminated in accordance with its terms, this Order shall be declared null and void on subsequent motion made on notice. 17. THIS COURT ORDERS that, upon the Effective Date, the Ontario Action be and is hereby dismissed against the Settling Defendants, without costs and with prejudice.
Appears in 2 contracts
Samples: Settlement Agreement, Settlement Agreement
Date of Execution. (1) The Parties have executed this Settlement Agreement as of the date on the cover page. Name of Authorized Signatory: Signature of Authorized Signatory: Siskinds LLP Ontario Counsel GAZAREK REALTY HOLDINGS LTD. and 5045320 ONTARIO LTD., on their own behalf and on behalf of the Settlement Class Classes that they propose to represent, by their counsel Name of Authorized Signatory: Xxxxx Xxxxxx for Xxxx-Xxxx Xxxxxxx Signature of Authorized Signatory: for: Sotos LLP Ontario Counsel Name of Authorized Signatory: Signature of Authorized Signatory: Xxxxx Xxxxxx Siskinds LLP Ontario Counsel Name of Authorized Signatory: Xxxxx Xxxxxx for Xxxxxxxx Xxxxx Signature of Authorized Signatory: for: Camp Xxxxxxxx Xxxxxxxx Xxxxxxxx Lawyers LLP BC Counsel Name of Authorized Signatory: Xxxxxx X. Xxxxxx Xxxxx Xxxxxxx Signature of Authorized Signatory: Xxxxxx Xxxxxx Xxxxxxx LLP Counsel for the Settling Defendants Ontario Superior Court of Justice Court File No. CV-16-564548- 00CP Power Window Switches Siskinds LLP and Sotos LLP Sheridan Maruyasu Industries Chevrolet Cadillac Ltd., The Pickering Auto Mall Ltd., and Xxxx Xxxxxx Toyo Denso Co., Ltd. and Weastec, Inc. All Persons in Canada Superior Court Sotos LLP Chevrolet Ltd., Curtis-Maruyasu who, during the Class of Justice CV- Cadillac Ltd., and America, Inc., USUI Co., Period, (a) purchased, 17-582447- The Pickering Ltd. (F/K/A/ USAI directly or indirectly, 00CP (the Auto Mall Ltd. Kokusai Sangyo Kaisha Automotive Steel Tubesa Power Window Switch; “Ontario Ltd.), USUI International and/or (b) Did the Settling Defendants, or any of them, conspire to fix, raise, maintain, and/or stabilize the prices of Power June 1, 2003 to August 13, 2018 purchased or Action”) Corporation, Sanoh leased, Window Switches directly or Industrial Co., Ltd., indirectly, a in Canada and/or new or used Sanoh America, Inc., elsewhere during Automotive Vehicle Sanoh Canada, Ltd., the Class Period? containing Automotive JTEKT Corporation, Steel Tubesa Power Window Switch; and/or (c) JTEKT North America purchased for import into Corporation and JTEKT Canada, a new or used Automotive North Automotive Vehicle America, Inc. containing Automotive Steel Tubesa Power Window Switch. Excluded Persons are excluded from the Ontario Settlement Class. British Camp Xxxxxxxx Ontario Superior Court of Justice Court File No. CV-14-506686- 00CP Ignition Coils Siskinds LLP and Sotos LLP Sheridan Chevrolet Cadillac Ltd., The Pickering Auto Mall Ltd., and Xxxx Xxxxxx Xxxxx JTEKT Diamond Electric Mfg. Co. Ltd., Diamond Electric Mfg. Corporation; Not applicable. Columbia Mogerman JTEKT North America Supreme Court Xxxxxxxx LLP , Denso Corporation; JTEKT S-191335 Automotive North (Vancouver , Denso International America, Inc., Maruyasu RegistryDenso Manufacturing Canada, Inc., Denso Sales All Persons in Canada who, during the Class Period, (a) purchased, directly or indirectly, an Ignition Coil; and/or (b) purchased or Did the Industries Settling Defendant conspire to fix, raise, maintain, and/or stabilize the prices of Ignition Coils in January 1, 2000 to March 20, 2017 Canada, Inc., Denso Products and leased, directly or Canada and/or Services Americas, Inc. (f/k/a indirectly, a new or elsewhere during Denso Sales California, Inc.), used Automotive the Class Period? Denso International Korea Vehicle containing an Corporation, Mitsubishi Electric Ignition Coil; and/or Corporation, Mitsubishi Electric (c) purchased for Automotive America, Inc., import into Canada, a Mitsubishi Electric Sales Canada new or used Inc. and Toyo Denso Co., Ltd. Automotive Vehicle containing an Ignition Coil. Excluded Persons and Persons who are included in the Quebec Settlement Class are excluded from the Ontario Settlement Class. Superior Court of Quebec (district of Québec), File No. 200-06- 000200-165 Ignition Coils Siskinds, Desmeules s.e.n.c.r.l Xxxxx Xxxxxxx Hitachi, Ltd., Hitachi Automotive Systems, Ltd., Hitachi Automotive Systems Americas, Inc., Denso Corporation, Denso International Korea Corporation, Denso Products and Services Americas, Inc., Denso International America, Inc., Denso Manufacturing Canada, Inc., Denso Sales Canada, Inc., Mitsubishi Electric Corporation, Mitsubishi Electric Automotive America, Inc., Mitsubishi Electric Sales Canada, Inc., Toyo Denso Co., Ltd., Diamond Electric Mfg. Co., Ltd., and Diamond Electric Mfg. Corporation All Persons in Quebec who, during the Class Period, (a) purchased, directly or indirectly, an Ignition Coil; “BC Action”and/or (b) Xxxxxx-Xxxxxxxx Americapurchased or leased, Inc.directly or indirectly, a new or used Automotive Vehicle containing an Ignition Coil; Sanoh Industrial Co. Ltd.; Sanoh America, Inc.; Sanoh and/or (c) purchased for import into Canada, Ltd.; USUI Co.; Ltd. (F/K/A/ USAI Kokusai Sangyo Kaisha Ltd.); and USUI International Corporation a new or used Automotive Vehicle containing an Ignition Coil. Excluded Persons are excluded from the Quebec Settlement Class. Did the Settling Defendant conspire to fix, raise, maintain, and/or stabilize the prices of Ignition Coils in Canada and/or elsewhere during the Class Period? January 1, 2000 to March 20, 2017 British Columbia Supreme Court File No. CV-17VLC-582447-00CP ONTARIO S- S-163898 (Vancouver Registry) Power Window Switches Xxxxx Lawyers LLP Xxxx Xxxx, Xxxx Xxx and Xxx Xxxx Toyo Denso Co. Ltd., Weastec, Inc., Denso Manufacturing Canada, Inc., Denso Sales Canada, Inc., Omron Automotive Electronics Co., Ltd., Omron Automotive Electronics, Inc., and Omron Automotive Technologies, Inc. n/a n/a n/a Court File No. ⚫ THE HONOURABLE ) , THE DAY JUSTICE XXXXXXXX ) ) OF , THE OF DAY, 2023 BETWEEN: Proceeding under the Class Proceedings Act, 1992, S.O. 1992, c. 6 THIS MOTION, made by the Ontario Plaintiffs for an Order approving the form and content of the notices of certification and settlement approval hearing (the “Notices”) and the method of dissemination of the Notices, and certifying this proceeding as a class proceeding for settlement purposes only as [INSERT RELEVANT SETTLING DEFENDANT(S)] was heard this day at Osgoode Hall, 000 Xxxxx Xxxxxx Xxxx, Xxxxxxx, Xxxxxxx. ON READING the materials filed, including the settlement agreement with the Settling Defendants. Defendants dated as of ⚫, 2023 attached to this Order as Schedule “A” (the “Settlement Agreement”), and on reading hearing the submissions of counsel for the Ontario Plaintiffs and Counsel for the Settling Defendants;; AND ON BEING ADVISED that the deadline for opting out of this action has passed, and ⚫ Persons validly exercised the right to opt out;1 AND WHEREAS a class proceeding relating to the pricing of Switches was commenced under Court File No. CV-16-549727- 00CP (the “Switches Action”) and is being cased managed with this proceeding;2 AND ON BEING ADVISED that Settlement Class Members (other than those resident in British Columbia) were permitted an opportunity to opt out of this action in the context of the Switches Action, the deadline to opt out of this action has passed, and two Persons validly and timely exercised the right to opt out;3 AND ON BEING ADVISED that Settlement Class Members resident in British Columbia were permitted an opportunity to opt out of the BC Power Window Switches Action, the deadline to opt out of the BC Power Window Switches Action has passed, and no Settlement Class Members resident in British Columbia validly and timely exercised the right to opt out;4
1. THIS COURT ORDERS that, in addition to the definitions used elsewhere in this Order 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 to, and are incorporated into into, this Order.
2. THIS COURT ORDERS that the abbreviated, publication and long-form notices of settlement approval hearing are hereby approved substantially 1 Included in the forms attached respectively hereto as Schedules “B” to “D”.
3. THIS COURT ORDERS that the plan of dissemination for the abbreviated, publication and long-form notices of settlement approval hearing (the “Plan of Dissemination”) is hereby approved Ignition Coil Order only 3 Included in the form attached hereto as Schedule “E” and that Power Window Switches Order only 4 Included in the notices of settlement approval hearing shall be disseminated in accordance with the Plan of Dissemination.Power Window Switches Order only
42. THIS COURT ORDERS that the Ontario Action is certified as a class proceeding as against the Settling Defendants for settlement purposes only.
53. THIS COURT ORDERS that the “Ontario Settlement Class” is certified as followsdefined as: All persons Persons in Canada who, during the Class Period, (a) purchased, directly or indirectly Automotive Steel Tubes indirectly, [INSERT RELEVANT PART]; and/or (b) purchased or leased, directly or indirectly, a new or used Automotive Vehicle containing Automotive Steel Tubes, and/or [INSERT RELEVANT PART]and/or (c) purchased for import into Canada, a new or used Automotive Vehicle containing Automotive Steel Tubes[INSERT RELEVANT PART]. Excluded Persons [and Persons who are included in the Quebec Settlement Class]5 are excluded from the Ontario Settlement Class.
4. THIS COURT ORDERS that [INSERT RELEVANT REPRESENTATIVE PLAINTIFFS] are hereby appointed as the representative plaintiffs on behalf of the Settlement Class.
5. THIS COURT ORDERS that [INSERT RELEVANT CLASS COUNSEL] are hereby appointed as Class Counsel in this action.
6. THIS COURT ORDERS DECLARES that Gazarek Realty Holdings Ltd. (formerly known as Sheridan Chevrolet Cadillac Ltd.) and 5045320 Ontario Ltd. (formerly known as The Pickering Auto Mall Ltd.) the following claims are appointed as the representative plaintiffs for asserted on behalf of the Settlement Class.:
(a) Claims for unlawful conspiracy pursuant to common law and s. 36 of the
7. THIS COURT DECLARES that the relief sought by the Settlement Class is:
(a) Damages in the amount of any unlawful overcharge. 5 Included in the Ignition Coils Order only
8. THIS COURT ORDERS that the following issue is common to the Settlement Class: Did the Settling Defendants Defendants, or any of them, conspire to fix, raise, maintain, and/or stabilize the prices of Automotive Steel Tubes [INSERT RELEVANT PART] in Canada and/or elsewhere during the Class Period? If so, what damages, if any did ?
9. THIS COURT ORDERS that there shall be no other right to opt-out in this proceeding.6
10. THIS COURT ORDERS that the Settlement Class Members suffer? shall be given notice of the settlement approval hearing and the certification of this action in substantially the forms set out in Schedules “B” to “D” and in the manner set out in Schedule “E”.
11. THIS COURT ORDERS that if the Settlement Agreement is not approved, is terminated in accordance with its terms or otherwise fails to take effect for any reason, this Order, including certification for settlement purposes only, shall be set aside and declared null and void and of no force or effect without the need for any further order of this Court.
12. THIS COURT ORDERS that this Order is contingent upon a parallel order being made by the Quebec Court, and the terms of this Order shall not be effective until such order is made by the Quebec Court.7 The Honourable Justice Xxxxxxxx 6 Included in the Power Window Switches Order only 7 Included in the Ignition Coils Order only Court File No. CV-17-582447-00CP ONTARIO ⚫ THE HONOURABLE ) , THE DAY JUSTICE XXXXXXXX ) ) OF , THE OF DAY, 2023 BETWEEN: Proceeding under the Class Proceedings Act, 1992, S.O. 1992, c. 6
(2) 6 THIS MOTION MOTION, made by the Ontario Plaintiffs for an Order approving the settlement agreement entered into with Sanoh Industrial Co.[INSERT RELEVANT SETTLING DEFENDANT(S)] (collectively, Ltd., Sanoh America, Inc., and Sanoh Canada, Ltd. (the “Settling Defendants”) and dismissing this action as against the Settling Defendants, was heard this day at Osgoode Hall, 000 Xxxxx Xxxxxx Xxxx, Xxxxxxx, Xxxxxxx. AND ON READING the materials filed, including the settlement agreement dated ⚫, 2023, attached to this Order as Schedule “A” (the “Settlement Agreement”), and on hearing the submissions of counsel for the Ontario Plaintiffs and counsel for the Settling Defendants; AND ON BEING ADVISED that the deadline for objecting to the Settlement Agreement has passed and there have been ⚫ written objections to the Settlement Agreement;
1. THIS COURT ORDERS that, in addition to the definitions used elsewhere in this Order, for the purposes opting out of this Orderaction has passed, and ⚫ Persons validly exercised the definitions set out in the Settlement Agreement apply right to and are incorporated into this Order.
2. THIS COURT ORDERS that in the event of opt out;8 AND WHEREAS a conflict between this Order and the Settlement Agreement, this Order shall prevail.
3. THIS COURT ORDERS that this Order, including the Settlement Agreement, is binding upon each member of the Settlement Class including those Persons who are minors or mentally incapable and the requirements of Rules 7.04(1) and 7.08(4) of the Rules of Civil Procedure, RRO 1990, Reg 194 are dispensed with in respect of the Ontario Action.
4. THIS COURT ORDERS that the Settlement Agreement is fair, reasonable and in the best interests of the Settlement Class.
5. THIS COURT ORDERS that the Settlement Agreement is hereby approved pursuant to section 29 of the Class Proceedings Act, 1992 and shall be implemented and enforced in accordance with its terms.
6. THIS COURT ORDERS that, upon the Effective Date, each member of the Settlement Class shall be deemed to have consented to the dismissal as against the Releasees of any Other Actions he, she or it has commenced, without costs and with prejudice.
7. THIS COURT ORDERS that, upon the Effective Date, each Other Action commenced in Ontario by any member of the Settlement Class shall be and is hereby dismissed against the Releasees, without costs and with prejudice.
8. THIS COURT ORDERS that, upon the Effective Date, subject to paragraph 10, each Releasor has released and shall be conclusively deemed to have forever and absolutely released the Releasees from the Released Claims.
9. THIS COURT ORDERS that, upon the Effective Date, each Releasor shall not now or hereafter institute, continue, maintain, intervene in or assert, either directly or indirectly, whether in Canada or elsewhere, on their own behalf or on behalf of any class or any other Person, any proceeding, cause of action, claim or demand against any Releasee, or any other Person who may claim contribution or indemnity, or other claims over relief, from any Releasee, whether pursuant to the Negligence Act, RSO 1990, c. N. 1 or other legislation or at common law or equity in respect of any Released Claim.
10. THIS COURT ORDERS that the use of the terms “Releasors” and “Released Claims” in this Order does not constitute a release of claims by those members of the Settlement Class who are resident in any province or territory where the release of one tortfeasor is a release of all tortfeasors.
11. THIS COURT ORDERS that, upon the Effective Date, each member of the Settlement Class who is resident in any province or territory where the release of one tortfeasor is a release of all tortfeasors covenants and undertakes not to make any claim in any way nor to threaten, commence, participate in or continue any proceeding in any jurisdiction against the Releasees in respect of or in relation to the Released Claims.
12. THIS COURT ORDERS that all claims for contribution, indemnity or other claims over, whether asserted, unasserted or asserted in a representative capacity, inclusive of interest, taxes and costs, relating to the Released Claims, which pricing of Switches was commenced under Court File No. CV-16-549727- 00CP (the “Switches Action”) and is being cased managed with this proceeding;9 AND ON BEING ADVISED that Settlement Class Members (other than those resident in British Columbia) were or could have been brought permitted an opportunity to opt out of this action in the Proceedings or any Other Actionscontext of the Switches Action, or otherwise, any named or unnamed co-conspirator that is not a Releasee, any Settled Defendant or any other Person or party against a Releasee, or by a Releasee against any named or unnamed co-conspirator that is not a Releasee, any Settled Defendant or any other Person or party, are barred, prohibited and enjoined in accordance with the terms deadline to opt out of this Order.
13. THIS COURT ORDERS that for purposes of administration and enforcement of the Settlement Agreement and this Order, this Court will retain an ongoing supervisory role and the Settling Defendants attorn to the jurisdiction of this Court solely for the purpose of implementing, administering and enforcing the Settlement Agreement and this Orderaction has passed, and subject two Persons validly and timely exercised the right to the terms and conditions set out in the Settlement Agreement and this Order.
14. THIS COURT ORDERS that, except as provided herein, this Order does not affect any claims or causes of action that any members of the Settlement Class has or may have in the Ontario Action against any Person who is not a Releasee.
15. THIS COURT ORDERS that no Releasee shall have any responsibility or liability whatsoever relating to the administration of the Settlement Agreement; to administration, investment, or distribution of the Trust Account; or to the Distribution Protocol.
16. THIS COURT ORDERS that, in the event that the Settlement Agreement is terminated in accordance with its terms, this Order shall be declared null and void on subsequent motion made on notice.
17. THIS COURT ORDERS that, upon the Effective Date, the Ontario Action be and is hereby dismissed against the Settling Defendants, without costs and with prejudice.opt out;10
Appears in 1 contract
Samples: Settlement Agreement
Date of Execution. (1) The Parties have executed this Settlement Agreement as of the date on the cover page. behalf SHERIDAN CHEVROLET CADILLAC LTD. and on behalf of the Settlement Class that they propose to represent, by their counsel THE PICKERING AUTO MALL Name of Authorized Signatory: Xxxxx Xxxxxx for Xxxx-Xxxx Xxxxxxx Signature of Authorized Signatory: for: Sotos LLP Ontario Counsel Name of Authorized Signatory: Signature of Authorized Signatory: Xxxxx Xxxxxx Siskinds LLP Ontario Counsel Name of Authorized Signatory: Xxxxx Xxxxxx for Xxxxxxxx Xxxxx Signature of Authorized Signatory: forPer: Camp Xxxxxxxx Xxxxxxxx Xxxxxxxx LLP BC Counsel Name of Authorized Signatory: Xxxxxx X. Xxxxxx Signature of Authorized Signatory: Xxxxxx Xxxxxx Xxxxxxx X. Xxxxxxx Per: Name: Title: Xxxxxxx Xxxxx LLP Counsel for the Settling Defendants Defendant Xxxxx Xxxxxx I have the authority to bind the Partnership Ontario Superior Court of Justice Court File No. CV- 17-582446- 00CP (the “Ontario Action”) Siskinds LLP and Sotos LLP Sheridan Maruyasu Industries Co.Chevrolet Cadillac Ltd., and The Pickering Auto Mall Ltd. Tenneco Inc., Tenneco GmbH, Tenneco Automotive Operating Company Inc., Tenneco Canada Inc., Bosal International NV, Bosal Nederland, B.V., Bosal Industries- Georgia, Inc. o/a Bosal International North America, Bosal USA, Inc., Eberspächer Gruppe GmbH & Co. KG, Eberspächer Exhaust Technology GmbH & Co. KG, Eberspächer North All Persons in Canada Superior Court Sotos LLP Chevrolet Ltd., Curtis-Maruyasu who, during the Class of Justice CV- Cadillac Ltd., and America, Inc., USUI Co., Period, (a) purchased, 17-582447- The Pickering Ltd. (F/K/A/ USAI directly or indirectly, 00CP (the Auto Mall Ltd. Kokusai Sangyo Kaisha Automotive Steel TubesExhaust Systems; “Ontario Ltd.), USUI International and/or (b) purchased or Action”) Corporation, Sanoh leased, directly or Industrial Co., Ltd., indirectly, a new or used Sanoh America, Inc., Automotive Vehicle Sanoh Canada, Ltd., containing Automotive JTEKT Corporation, Steel TubesExhaust Systems; and/or (c) JTEKT North America purchased for import into Corporation and JTEKT Canada, a new or used Automotive Vehicle containing Automotive Exhaust Systems. Excluded Persons and Persons who are included in the BC Settlement Class are excluded from the Ontario Settlement Class. America, Inc., Espar Products Inc., Faurecia SA, Faurecia Emissions Control Technologies Canada, Ltd., Faurecia Emissions Control Technologies, USA, LLC, Faurecia Exhaust Systems, Inc., Faurecia USA Holdings, Inc., Meritor, Inc., Xxxxxxxxx Xxxxxx GmbH & Co. KG, and Xxxxxx USA, LLC Ontario Siskinds LLP Sheridan Faurecia Abgastechnik GmbH, Not applicable Superior and Sotos LLP Chevrolet Faurecia Systèmes d’Échappement, Court of Cadillac Ltd. NGK Spark Plug Co., Ltd., Xxxxxx Xxxxxxx Court and The Industry Co., Ltd., NGK Spark Plugs File No. CV- Pickering Auto (U.S.A.), Inc., NGK Spark Plugs 17-584400- Mall Ltd. Canada Limited, Denso Corporation, 00CP (the Denso International Korea “Related Corporation, Denso Korea Automotive Action”) Corporation, Denso International America, Inc., Denso Manufacturing Canada, Inc., and Denso Sales Canada, Inc. British Camp Xxxxxxxx Xxxxxx Xxxxx Bosal International NV, Bosal All Persons in British Columbia Xxxxxxxx Nederland, B.V., Bosal Industries- Columbia who, during the Supreme Mogerman Georgia, Inc. o/a Bosal International Class Period, (a) purchased, Court File No. LLP North America, Bosal USA, Inc., directly or indirectly, S-192096 Xxxxxxxxx Xxxxxx GmbH & CO. KG, Automotive Exhaust (Vancouver Xxxxxx USA, LLC, Denso Systems; and/or (b) Registry) (the Corporation, Denso International purchased or leased, directly “BC Action”) Korea Corporation, Denso Korea or indirectly, a new or used Automotive Corporation, Denso Automotive Vehicle International America, Inc. Inc., Denso containing Automotive Steel TubesManufacturing Canada, Inc., Denso Exhaust Systems; and/or (c) Sales Canada, Inc., Eberspächer purchased for import into Xxxxxx XxxX & Xx. XX, Xxxxxx, a new or used Eberspächer Exhaust Technology Automotive Vehicle GmbH & Co. KG, Eberspächer North containing Automotive America, Inc., Espar Products Inc., Exhaust Systems. Excluded Faurecia SA, Faurecia Emissions Persons are excluded from the Control Technologies Canada, Ltd., BC Settlement Class. British Camp Xxxxxxxx Xxxxxx Xxxxx JTEKT Corporation; Not applicable. Columbia Mogerman JTEKT North America Supreme Court Xxxxxxxx LLP Corporation; JTEKT S-191335 Automotive North (Vancouver AmericaFaurecia Emissions Control Technologies, USA, LLC, Faurecia Exhaust Systems, Inc., Maruyasu Registry) (the Industries Faurecia USA Holdings, Inc., Faurecia Abgastechnik GmbH, Faurecia Systèmes d’Échappement, Meritor, Inc., NGK Spark Plug Co., Ltd.; “BC Action”) Xxxxxx-Xxxxxxxx America, Inc.; Sanoh Industrial Co. Ltd.; Sanoh America, Inc.; Sanoh CanadaWoojin Industry Co., Ltd.; USUI Co.; Ltd. (F/K/A/ USAI Kokusai Sangyo Kaisha Ltd.); , NGK Spark Plugs Canada Limited, Tenneco Inc., Tenneco GmbH, Tenneco Automotive Operating Company Inc. and USUI International Corporation Tenneco Canada Inc. Court File No. CV-17-582447582446-00CP ONTARIO THE HONOURABLE JUSTICE XXXXXXXX ) ) , THE OF DAY, BETWEEN: Plaintiffs Proceeding under the Class Proceedings ActXxxxxxxxxxx Xxx, 19920000, S.O. 1992, c. 6 ON READING the materials filed, including the settlement agreement with the Settling Defendants. Defendant dated as of ⚫, 2020 attached to this Order as Schedule “A” (the “Settlement Agreement”), and on reading the submissions of counsel for the Ontario Plaintiffs and Counsel for the Settling DefendantsDefendant, the Non-Settling Defendants taking no position;
1. THIS COURT ORDERS that, for the purposes of this Order, except to the extent that they are modified in this Order, the definitions set out in the Settlement Agreement apply to and are incorporated into this Order.
2. THIS COURT ORDERS that the abbreviated, publication publication, and long-form notices of settlement approval hearing are hereby approved substantially in the forms attached respectively hereto as Schedules “B” to “D”.
3. THIS COURT ORDERS that the plan of dissemination for the abbreviated, publication publication, and long-form notices of settlement approval hearing (the “Plan of Dissemination”) is hereby approved in the form attached hereto as Schedule “E” and that the notices of settlement approval hearing shall be disseminated in accordance with the Plan of Dissemination.
4. THIS COURT ORDERS that the Ontario Action is certified as a class proceeding as against the Settling Defendants Defendant for settlement purposes only.
5. THIS COURT ORDERS that the “Ontario Settlement Class” is certified as follows: All persons Persons in Canada who, during the Class Period, (a) purchased, directly or indirectly Automotive Steel Tubes Exhaust Systems and/or (b) purchased or leased, directly or indirectly, a new or used Automotive Vehicle containing Automotive Steel TubesExhaust Systems, and/or (c) purchased for import into Canada, a new or used Automotive Vehicle containing Automotive Steel TubesExhaust Systems. Excluded Persons and Persons who are included in the BC Settlement Class are excluded from the Ontario Settlement Class.
6. THIS COURT ORDERS that Gazarek Realty Holdings Ltd. (formerly known as Sheridan Chevrolet Cadillac Ltd.) and 5045320 Ontario Ltd. (formerly known as The Pickering Auto Mall Ltd.) are appointed as the representative plaintiffs for the Settlement Class.
7. THIS COURT ORDERS that the following issue is common to the Settlement Class: Did the Settling Defendants conspire to fix, raise, maintain, and/or stabilize the prices of Automotive Steel Tubes in Canada and/or elsewhere during the Class Period? If so, what damages, if any did the Settlement Class Members suffer? The Honourable Justice Xxxxxxxx Court File No. CV-17-582447-00CP ONTARIO THE HONOURABLE JUSTICE XXXXXXXX ) ) , THE OF DAY, BETWEEN: Proceeding under the Class Proceedings Act, 1992, S.O. 1992, c. 6
(2) THIS MOTION made by the Ontario Plaintiffs for an Order approving the settlement agreement entered into with Sanoh Industrial Co., Ltd., Sanoh America, Inc., and Sanoh Canada, Ltd. (the “Settling Defendants”) and dismissing this action as against the Settling Defendants, was heard this day at Osgoode Hall, 000 Xxxxx Xxxxxx Xxxx, Xxxxxxx, Xxxxxxx. AND ON READING the materials filed, including the settlement agreement dated ⚫, attached to this Order as Schedule “A” (the “Settlement Agreement”), and on hearing the submissions of counsel for the Ontario Plaintiffs and counsel for the Settling Defendants; AND ON BEING ADVISED that the deadline for objecting to the Settlement Agreement has passed and there have been ⚫ written objections to the Settlement Agreement;
1. THIS COURT ORDERS that, in addition to the definitions used elsewhere in this Order, for the purposes of this Order, the definitions set out in the Settlement Agreement apply to and are incorporated into this Order.
2. THIS COURT ORDERS that in the event of a conflict between this Order and the Settlement Agreement, this Order shall prevail.
3. THIS COURT ORDERS that this Order, including the Settlement Agreement, is binding upon each member of the Settlement Class including those Persons who are minors or mentally incapable and the requirements of Rules 7.04(1) and 7.08(4) of the Rules of Civil Procedure, RRO 1990, Reg 194 are dispensed with in respect of the Ontario Action.
4. THIS COURT ORDERS that the Settlement Agreement is fair, reasonable and in the best interests of the Settlement Class.
5. THIS COURT ORDERS that the Settlement Agreement is hereby approved pursuant to section 29 of the Class Proceedings Act, 1992 and shall be implemented and enforced in accordance with its terms.
6. THIS COURT ORDERS that, upon the Effective Date, each member of the Settlement Class shall be deemed to have consented to the dismissal as against the Releasees of any Other Actions he, she or it has commenced, without costs and with prejudice.
7. THIS COURT ORDERS that, upon the Effective Date, each Other Action commenced in Ontario by any member of the Settlement Class shall be and is hereby dismissed against the Releasees, without costs and with prejudice.
8. THIS COURT ORDERS that, upon the Effective Date, subject to paragraph 10, each Releasor has released and shall be conclusively deemed to have forever and absolutely released the Releasees from the Released Claims.
9. THIS COURT ORDERS that, upon the Effective Date, each Releasor shall not now or hereafter institute, continue, maintain, intervene in or assert, either directly or indirectly, whether in Canada or elsewhere, on their own behalf or on behalf of any class or any other Person, any proceeding, cause of action, claim or demand against any Releasee, or any other Person who may claim contribution or indemnity, or other claims over relief, from any Releasee, whether pursuant to the Negligence Act, RSO 1990, c. N. 1 or other legislation or at common law or equity in respect of any Released Claim.
10. THIS COURT ORDERS that the use of the terms “Releasors” and “Released Claims” in this Order does not constitute a release of claims by those members of the Settlement Class who are resident in any province or territory where the release of one tortfeasor is a release of all tortfeasors.
11. THIS COURT ORDERS that, upon the Effective Date, each member of the Settlement Class who is resident in any province or territory where the release of one tortfeasor is a release of all tortfeasors covenants and undertakes not to make any claim in any way nor to threaten, commence, participate in or continue any proceeding in any jurisdiction against the Releasees in respect of or in relation to the Released Claims.
12. THIS COURT ORDERS that all claims for contribution, indemnity or other claims over, whether asserted, unasserted or asserted in a representative capacity, inclusive of interest, taxes and costs, relating to the Released Claims, which were or could have been brought in the Proceedings or any Other Actions, or otherwise, any named or unnamed co-conspirator that is not a Releasee, any Settled Defendant or any other Person or party against a Releasee, or by a Releasee against any named or unnamed co-conspirator that is not a Releasee, any Settled Defendant or any other Person or party, are barred, prohibited and enjoined in accordance with the terms of this Order.
13. THIS COURT ORDERS that for purposes of administration and enforcement of the Settlement Agreement and this Order, this Court will retain an ongoing supervisory role and the Settling Defendants attorn to the jurisdiction of this Court solely for the purpose of implementing, administering and enforcing the Settlement Agreement and this Order, and subject to the terms and conditions set out in the Settlement Agreement and this Order.
14. THIS COURT ORDERS that, except as provided herein, this Order does not affect any claims or causes of action that any members of the Settlement Class has or may have in the Ontario Action against any Person who is not a Releasee.
15. THIS COURT ORDERS that no Releasee shall have any responsibility or liability whatsoever relating to the administration of the Settlement Agreement; to administration, investment, or distribution of the Trust Account; or to the Distribution Protocol.
16. THIS COURT ORDERS that, in the event that the Settlement Agreement is terminated in accordance with its terms, this Order shall be declared null and void on subsequent motion made on notice.
17. THIS COURT ORDERS that, upon the Effective Date, the Ontario Action be and is hereby dismissed against the Settling Defendants, without costs and with prejudice.
Appears in 1 contract
Samples: Settlement Agreement
Date of Execution. (1) The Parties have executed this Settlement Agreement as of the date on the cover page. Name of Authorized Signatory: Signature of Authorized Signatory: Siskinds LLP Ontario Counsel GAZAREK REALTY HOLDINGS LTD. and 5045320 ONTARIO LTD., on their own behalf and on behalf of the Settlement Class Classes that they propose to represent, by their counsel Name of Authorized Signatory: Xxxxx Xxxxxx for Xxxx-Xxxx Xxxxxxx Signature of Authorized Signatory: for: Sotos LLP Ontario Counsel Name of Authorized Signatory: Signature of Authorized Signatory: Xxxxx Xxxxxx Siskinds LLP Ontario Counsel Name of Authorized Signatory: Xxxxx Xxxxxx for Xxxxxxxx Xxxxx Signature of Authorized Signatory: for: Camp Xxxxxxxx Xxxxxxxx Xxxxxxxx Lawyers LLP BC Counsel Name of Authorized Signatory: Xxxxxx X. Xxxxxx Xxxxx Xxxxxxx Signature of Authorized Signatory: Xxxxxx Xxxxxx Xxxxxxx LLP Counsel for the Settling Defendants Ontario Superior Court of Justice Court File No. CV-16-564548- 00CP Power Window Switches Siskinds LLP and Sotos LLP Sheridan Maruyasu Industries Chevrolet Cadillac Ltd., The Pickering Auto Mall Ltd., and Xxxx Xxxxxx Toyo Denso Co., Ltd. and Weastec, Inc. All Persons in Canada Superior Court Sotos LLP Chevrolet Ltd., Curtis-Maruyasu who, during the Class of Justice CV- Cadillac Ltd., and America, Inc., USUI Co., Period, (a) purchased, 17-582447- The Pickering Ltd. (F/K/A/ USAI directly or indirectly, 00CP (the Auto Mall Ltd. Kokusai Sangyo Kaisha Automotive Steel Tubesa Power Window Switch; “Ontario Ltd.), USUI International and/or (b) Did the Settling Defendants, or any of them, conspire to fix, raise, maintain, and/or stabilize the prices of Power June 1, 2003 to August 13, 2018 purchased or Action”) Corporation, Sanoh leased, Window Switches directly or Industrial Co., Ltd., indirectly, a in Canada and/or new or used Sanoh America, Inc., elsewhere during Automotive Vehicle Sanoh Canada, Ltd., the Class Period? containing Automotive JTEKT Corporation, Steel Tubesa Power Window Switch; and/or (c) JTEKT North America purchased for import into Corporation and JTEKT Canada, a new or used Automotive North Automotive Vehicle America, Inc. containing Automotive Steel Tubesa Power Window Switch. Excluded Persons are excluded from the Ontario Settlement Class. British Camp Xxxxxxxx Ontario Superior Court of Justice Court File No. CV-14-506686- 00CP Ignition Coils Siskinds LLP and Sotos LLP Sheridan Chevrolet Cadillac Ltd., The Xxxxxxxxx Auto Mall Ltd., and Xxxx Xxxxxx Xxxxx JTEKT Diamond Electric Mfg. Co. Ltd., Diamond Electric Mfg. Corporation; Not applicable. Columbia Mogerman JTEKT North America Supreme Court Xxxxxxxx LLP , Denso Corporation; JTEKT S-191335 Automotive North (Vancouver , Denso International America, Inc., Maruyasu RegistryDenso Manufacturing Canada, Inc., Denso Sales All Persons in Canada who, during the Class Period, (a) purchased, directly or indirectly, an Ignition Coil; and/or (b) purchased or Did the Industries Settling Defendant conspire to fix, raise, maintain, and/or stabilize the prices of Ignition Coils in January 1, 2000 to March 20, 2017 Canada, Inc., Denso Products and leased, directly or Canada and/or Services Americas, Inc. (f/k/a indirectly, a new or elsewhere during Denso Sales California, Inc.), used Automotive the Class Period? Denso International Korea Vehicle containing an Corporation, Mitsubishi Electric Ignition Coil; and/or Corporation, Mitsubishi Electric (c) purchased for Automotive America, Inc., import into Canada, a Mitsubishi Electric Sales Canada new or used Inc. and Toyo Denso Co., Ltd. Automotive Vehicle containing an Ignition Coil. Excluded Persons and Persons who are included in the Quebec Settlement Class are excluded from the Ontario Settlement Class. Superior Court of Quebec (district of Québec), File No. 200-06- 000200-165 Ignition Coils Siskinds, Desmeules s.e.n.c.r.l Xxxxx Xxxxxxx Hitachi, Ltd., Hitachi Automotive Systems, Ltd., Hitachi Automotive Systems Americas, Inc., Denso Corporation, Denso International Korea Corporation, Denso Products and Services Americas, Inc., Denso International America, Inc., Denso Manufacturing Canada, Inc., Denso Sales Canada, Inc., Mitsubishi Electric Corporation, Mitsubishi Electric Automotive America, Inc., Mitsubishi Electric Sales Canada, Inc., Toyo Denso Co., Ltd., Diamond Electric Mfg. Co., Ltd., and Diamond Electric Mfg. Corporation All Persons in Quebec who, during the Class Period, (a) purchased, directly or indirectly, an Ignition Coil; “BC Action”and/or (b) Xxxxxx-Xxxxxxxx Americapurchased or leased, Inc.directly or indirectly, a new or used Automotive Vehicle containing an Ignition Coil; Sanoh Industrial Co. Ltd.; Sanoh America, Inc.; Sanoh and/or (c) purchased for import into Canada, Ltd.; USUI Co.; Ltd. (F/K/A/ USAI Kokusai Sangyo Kaisha Ltd.); and USUI International Corporation a new or used Automotive Vehicle containing an Ignition Coil. Excluded Persons are excluded from the Quebec Settlement Class. Did the Settling Defendant conspire to fix, raise, maintain, and/or stabilize the prices of Ignition Coils in Canada and/or elsewhere during the Class Period? January 1, 2000 to March 20, 2017 British Columbia Supreme Court File No. CV-17VLC-582447-00CP ONTARIO S- S-163898 (Vancouver Registry) Power Window Switches Xxxxx Lawyers LLP Xxxx Xxxx, Xxxx Xxx and Xxx Xxxx Toyo Denso Co. Ltd., Weastec, Inc., Denso Manufacturing Canada, Inc., Denso Sales Canada, Inc., Omron Automotive Electronics Co., Ltd., Omron Automotive Electronics, Inc., and Omron Automotive Technologies, Inc. n/a n/a n/a Court File No. ⚫ THE HONOURABLE ) , THE DAY JUSTICE XXXXXXXX ) ) OF , THE OF DAY, 2023 BETWEEN: Proceeding under the Class Proceedings Act, 1992, S.O. 1992, c. 6 THIS MOTION, made by the Ontario Plaintiffs for an Order approving the form and content of the notices of certification and settlement approval hearing (the “Notices”) and the method of dissemination of the Notices, and certifying this proceeding as a class proceeding for settlement purposes only as [INSERT RELEVANT SETTLING DEFENDANT(S)] was heard this day at Osgoode Hall, 000 Xxxxx Xxxxxx Xxxx, Xxxxxxx, Xxxxxxx. ON READING the materials filed, including the settlement agreement with the Settling Defendants. Defendants dated as of ⚫, 2023 attached to this Order as Schedule “A” (the “Settlement Agreement”), and on reading hearing the submissions of counsel for the Ontario Plaintiffs and Counsel for the Settling Defendants;; AND ON BEING ADVISED that the deadline for opting out of this action has passed, and ⚫ Persons validly exercised the right to opt out;1 AND WHEREAS a class proceeding relating to the pricing of Switches was commenced under Court File No. CV-16-549727- 00CP (the “Switches Action”) and is being cased managed with this proceeding;2 AND ON BEING ADVISED that Settlement Class Members (other than those resident in British Columbia) were permitted an opportunity to opt out of this action in the context of the Switches Action, the deadline to opt out of this action has passed, and two Persons validly and timely exercised the right to opt out;3 AND ON BEING ADVISED that Settlement Class Members resident in British Columbia were permitted an opportunity to opt out of the BC Power Window Switches Action, the deadline to opt out of the BC Power Window Switches Action has passed, and no Settlement Class Members resident in British Columbia validly and timely exercised the right to opt out;4
1. THIS COURT ORDERS that, in addition to the definitions used elsewhere in this Order 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 to, and are incorporated into into, this Order.
2. THIS COURT ORDERS that the abbreviated, publication and long-form notices of settlement approval hearing are hereby approved substantially 1 Included in the forms attached respectively hereto as Schedules “B” to “D”.
3. THIS COURT ORDERS that the plan of dissemination for the abbreviated, publication and long-form notices of settlement approval hearing (the “Plan of Dissemination”) is hereby approved Ignition Coil Order only 3 Included in the form attached hereto as Schedule “E” and that Power Window Switches Order only 4 Included in the notices of settlement approval hearing shall be disseminated in accordance with the Plan of Dissemination.Power Window Switches Order only
42. THIS COURT ORDERS that the Ontario Action is certified as a class proceeding as against the Settling Defendants for settlement purposes only.
53. THIS COURT ORDERS that the “Ontario Settlement Class” is certified as followsdefined as: All persons Persons in Canada who, during the Class Period, (a) purchased, directly or indirectly Automotive Steel Tubes indirectly, [INSERT RELEVANT PART]; and/or (b) purchased or leased, directly or indirectly, a new or used Automotive Vehicle containing Automotive Steel Tubes, and/or [INSERT RELEVANT PART]and/or (c) purchased for import into Canada, a new or used Automotive Vehicle containing Automotive Steel Tubes[INSERT RELEVANT PART]. Excluded Persons [and Persons who are included in the Quebec Settlement Class]5 are excluded from the Ontario Settlement Class.
4. THIS COURT ORDERS that [INSERT RELEVANT REPRESENTATIVE PLAINTIFFS] are hereby appointed as the representative plaintiffs on behalf of the Settlement Class.
5. THIS COURT ORDERS that [INSERT RELEVANT CLASS COUNSEL] are hereby appointed as Class Counsel in this action.
6. THIS COURT ORDERS DECLARES that Gazarek Realty Holdings Ltd. (formerly known as Sheridan Chevrolet Cadillac Ltd.) and 5045320 Ontario Ltd. (formerly known as The Pickering Auto Mall Ltd.) the following claims are appointed as the representative plaintiffs for asserted on behalf of the Settlement Class.:
(a) Claims for unlawful conspiracy pursuant to common law and s. 36 of the
7. THIS COURT DECLARES that the relief sought by the Settlement Class is:
(a) Damages in the amount of any unlawful overcharge. 5 Included in the Ignition Coils Order only
8. THIS COURT ORDERS that the following issue is common to the Settlement Class: Did the Settling Defendants Defendants, or any of them, conspire to fix, raise, maintain, and/or stabilize the prices of Automotive Steel Tubes [INSERT RELEVANT PART] in Canada and/or elsewhere during the Class Period? If so, what damages, if any did ?
9. THIS COURT ORDERS that there shall be no other right to opt-out in this proceeding.6
10. THIS COURT ORDERS that the Settlement Class Members suffer? shall be given notice of the settlement approval hearing and the certification of this action in substantially the forms set out in Schedules “B” to “D” and in the manner set out in Schedule “E”.
11. THIS COURT ORDERS that if the Settlement Agreement is not approved, is terminated in accordance with its terms or otherwise fails to take effect for any reason, this Order, including certification for settlement purposes only, shall be set aside and declared null and void and of no force or effect without the need for any further order of this Court.
12. THIS COURT ORDERS that this Order is contingent upon a parallel order being made by the Quebec Court, and the terms of this Order shall not be effective until such order is made by the Quebec Court.7 The Honourable Justice Xxxxxxxx 6 Included in the Power Window Switches Order only 7 Included in the Ignition Coils Order only Court File No. CV-17-582447-00CP ONTARIO ⚫ THE HONOURABLE ) , THE DAY JUSTICE XXXXXXXX ) ) OF , THE OF DAY, 2023 BETWEEN: Proceeding under the Class Proceedings Act, 1992, S.O. 1992, c. 6
(2) 6 THIS MOTION MOTION, made by the Ontario Plaintiffs for an Order approving the settlement agreement entered into with Sanoh Industrial Co.[INSERT RELEVANT SETTLING DEFENDANT(S)] (collectively, Ltd., Sanoh America, Inc., and Sanoh Canada, Ltd. (the “Settling Defendants”) and dismissing this action as against the Settling Defendants, was heard this day at Osgoode Hall, 000 Xxxxx Xxxxxx Xxxx, Xxxxxxx, Xxxxxxx. AND ON READING the materials filed, including the settlement agreement dated ⚫, 2023, attached to this Order as Schedule “A” (the “Settlement Agreement”), and on hearing the submissions of counsel for the Ontario Plaintiffs and counsel for the Settling Defendants; AND ON BEING ADVISED that the deadline for objecting to the Settlement Agreement has passed and there have been ⚫ written objections to the Settlement Agreement;
1. THIS COURT ORDERS that, in addition to the definitions used elsewhere in this Order, for the purposes opting out of this Orderaction has passed, and ⚫ Persons validly exercised the definitions set out in the Settlement Agreement apply right to and are incorporated into this Order.
2. THIS COURT ORDERS that in the event of opt out;8 AND WHEREAS a conflict between this Order and the Settlement Agreement, this Order shall prevail.
3. THIS COURT ORDERS that this Order, including the Settlement Agreement, is binding upon each member of the Settlement Class including those Persons who are minors or mentally incapable and the requirements of Rules 7.04(1) and 7.08(4) of the Rules of Civil Procedure, RRO 1990, Reg 194 are dispensed with in respect of the Ontario Action.
4. THIS COURT ORDERS that the Settlement Agreement is fair, reasonable and in the best interests of the Settlement Class.
5. THIS COURT ORDERS that the Settlement Agreement is hereby approved pursuant to section 29 of the Class Proceedings Act, 1992 and shall be implemented and enforced in accordance with its terms.
6. THIS COURT ORDERS that, upon the Effective Date, each member of the Settlement Class shall be deemed to have consented to the dismissal as against the Releasees of any Other Actions he, she or it has commenced, without costs and with prejudice.
7. THIS COURT ORDERS that, upon the Effective Date, each Other Action commenced in Ontario by any member of the Settlement Class shall be and is hereby dismissed against the Releasees, without costs and with prejudice.
8. THIS COURT ORDERS that, upon the Effective Date, subject to paragraph 10, each Releasor has released and shall be conclusively deemed to have forever and absolutely released the Releasees from the Released Claims.
9. THIS COURT ORDERS that, upon the Effective Date, each Releasor shall not now or hereafter institute, continue, maintain, intervene in or assert, either directly or indirectly, whether in Canada or elsewhere, on their own behalf or on behalf of any class or any other Person, any proceeding, cause of action, claim or demand against any Releasee, or any other Person who may claim contribution or indemnity, or other claims over relief, from any Releasee, whether pursuant to the Negligence Act, RSO 1990, c. N. 1 or other legislation or at common law or equity in respect of any Released Claim.
10. THIS COURT ORDERS that the use of the terms “Releasors” and “Released Claims” in this Order does not constitute a release of claims by those members of the Settlement Class who are resident in any province or territory where the release of one tortfeasor is a release of all tortfeasors.
11. THIS COURT ORDERS that, upon the Effective Date, each member of the Settlement Class who is resident in any province or territory where the release of one tortfeasor is a release of all tortfeasors covenants and undertakes not to make any claim in any way nor to threaten, commence, participate in or continue any proceeding in any jurisdiction against the Releasees in respect of or in relation to the Released Claims.
12. THIS COURT ORDERS that all claims for contribution, indemnity or other claims over, whether asserted, unasserted or asserted in a representative capacity, inclusive of interest, taxes and costs, relating to the Released Claims, which pricing of Switches was commenced under Court File No. CV-16-549727- 00CP (the “Switches Action”) and is being cased managed with this proceeding;9 AND ON BEING ADVISED that Settlement Class Members (other than those resident in British Columbia) were or could have been brought permitted an opportunity to opt out of this action in the Proceedings or any Other Actionscontext of the Switches Action, or otherwise, any named or unnamed co-conspirator that is not a Releasee, any Settled Defendant or any other Person or party against a Releasee, or by a Releasee against any named or unnamed co-conspirator that is not a Releasee, any Settled Defendant or any other Person or party, are barred, prohibited and enjoined in accordance with the terms deadline to opt out of this Order.
13. THIS COURT ORDERS that for purposes of administration and enforcement of the Settlement Agreement and this Order, this Court will retain an ongoing supervisory role and the Settling Defendants attorn to the jurisdiction of this Court solely for the purpose of implementing, administering and enforcing the Settlement Agreement and this Orderaction has passed, and subject two Persons validly and timely exercised the right to the terms and conditions set out in the Settlement Agreement and this Order.
14. THIS COURT ORDERS that, except as provided herein, this Order does not affect any claims or causes of action that any members of the Settlement Class has or may have in the Ontario Action against any Person who is not a Releasee.
15. THIS COURT ORDERS that no Releasee shall have any responsibility or liability whatsoever relating to the administration of the Settlement Agreement; to administration, investment, or distribution of the Trust Account; or to the Distribution Protocol.
16. THIS COURT ORDERS that, in the event that the Settlement Agreement is terminated in accordance with its terms, this Order shall be declared null and void on subsequent motion made on notice.
17. THIS COURT ORDERS that, upon the Effective Date, the Ontario Action be and is hereby dismissed against the Settling Defendants, without costs and with prejudice.opt out;10
Appears in 1 contract
Samples: Settlement Agreement
Date of Execution. (1) The Parties have executed this Settlement Agreement as of the date on the cover page. behalf and on behalf of the Settlement Class that they propose to represent, by their counsel Name of Authorized Signatory: Xxxxx Xxxxxx for Xxxx-Xxxx Xxxxxxx Signature of Authorized Signatory: forSiskinds LLP Ontario Counsel SHERIDAN CHEVROLET CADILLAC LTD. and THE PICKERING AUTO MALL Name of Authorized Signatory: Signature of Authorized Signatory: Sotos LLP Ontario Counsel Name of Authorized Signatory: Signature of Authorized Signatory: Xxxxx Xxxxxx Siskinds LLP Ontario Counsel Name of Authorized Signatory: Xxxxx Xxxxxx for Xxxxxxxx Xxxxx Signature of Authorized Signatory: for: Camp Xxxxxxxx Xxxxxxxx Xxxxxxxx LLP BC Counsel Siskinds Desmeules s.e.n.c.r.l. Quebec Counsel Name of Authorized Signatory: Xxxxxx X. Xxxxxx Signature of Authorized Signatory: Xxxxxx Xxxxxx Xxxxxxx Name of Authorized Signatory: Xxxxx Xxxxxxxx Signature of Authorized Signatory: XxXxxxxx Xxxxxxxx LLP Counsel for the Settling Defendants Name: Title: I have authority to bind the Partnership I have authority to bind the Partnership Ontario Superior Court of Justice Court File No. CV- 14-506680- 00CP High Intensity Discharge Ballasts Siskinds LLP and Sheridan Maruyasu Industries Co., All Persons in Canada Superior Court Sotos LLP Sheridan Chevrolet Ltd., Curtis-Maruyasu who, during the Class of Justice CV- Cadillac Ltd., The Pickering Auto Mall Ltd., and Xxxx Xxxxxx Panasonic Corporation, Panasonic Corporation of North America, Panasonic Canada Inc., USUI Co., Period, (a) purchased, 17-582447- The Pickering Ltd. (F/K/A/ USAI directly or indirectly, 00CP (the Auto Mall Ltd. Kokusai Sangyo Kaisha Automotive Steel Tubes; “Ontario Ltd.), USUI International and/or (b) purchased or Action”) Corporation, Sanoh leased, directly or Industrial Xxxxxxx Electric Co., Ltd., indirectly, a new or used Sanoh AmericaXxxxxxx Electric U.S. Co., Inc., Automotive Vehicle Sanoh Canada, Ltd., containing Automotive JTEKT Corporation, Steel Tubes; and/or (c) JTEKT North America purchased for import into Corporation and JTEKT Canada, a new or used Automotive North Automotive Vehicle America, Inc. containing Automotive Steel Tubes. Excluded Persons are excluded from the Settlement Class. British Camp Xxxxxxxx Xxxxxx Xxxxx JTEKT Corporation; Not applicable. Columbia Mogerman JTEKT North America Supreme Court Xxxxxxxx LLP Corporation; JTEKT S-191335 Automotive North (Vancouver AmericaII Xxxxxxx Co., Inc., Maruyasu Registry) (the Industries Co.Denso Corporation, Ltd.; “BC Action”) Xxxxxx-Xxxxxxxx America, Inc.; Sanoh Industrial Co. Ltd.; Sanoh America, Inc.; Sanoh Canada, Ltd.; USUI Co.; Ltd. (F/K/A/ USAI Kokusai Sangyo Kaisha Ltd.); and USUI International Corporation Court File No. CV-17-582447-00CP ONTARIO THE HONOURABLE JUSTICE XXXXXXXX ) ) , THE OF DAY, BETWEEN: Proceeding under the Class Proceedings Act, 1992, S.O. 1992, c. 6 ON READING the materials filed, including the settlement agreement with the Settling Defendants. dated as of ⚫, attached to this Order as Schedule “A” (the “Settlement Agreement”), and on reading the submissions of counsel for the Ontario Plaintiffs and Counsel for the Settling Defendants;
1. THIS COURT ORDERS that, for the purposes of this Order, except to the extent that they are modified in this Order, the definitions set out in the Settlement Agreement apply to and are incorporated into this Order.
2. THIS COURT ORDERS that the abbreviated, publication and long-form notices of settlement approval hearing are hereby approved substantially in the forms attached respectively hereto as Schedules “B” to “D”.
3. THIS COURT ORDERS that the plan of dissemination for the abbreviated, publication and long-form notices of settlement approval hearing (the “Plan of Dissemination”) is hereby approved in the form attached hereto as Schedule “E” and that the notices of settlement approval hearing shall be disseminated in accordance with the Plan of Dissemination.
4. THIS COURT ORDERS that the Ontario Action is certified as a class proceeding as against the Settling Defendants for settlement purposes only.
5. THIS COURT ORDERS that the “Settlement Class” is certified as follows: Denso All persons Persons in Canada who, during the Class Period, (a) purchased, directly or indirectly Automotive Steel Tubes indirectly, a High Intensity Discharge Ballast; and/or (b) purchased or leased, directly or indirectly, a new or used Automotive Vehicle containing Automotive Steel Tubes, a High Intensity Discharge Ballast; and/or (c) purchased for import into Canada, a new or used Automotive Vehicle containing Automotive Steel Tubesa High Intensity Discharge Ballast. Excluded Persons are excluded from the Ontario High Intensity Discharge Ballasts Settlement Class.
6. THIS COURT ORDERS that Gazarek Realty Holdings Ltd. (formerly known as Sheridan Chevrolet Cadillac Ltd.) and 5045320 Ontario Ltd. (formerly known as The Pickering Auto Mall Ltd.) are appointed as the representative plaintiffs for the Settlement Class.
7. THIS COURT ORDERS that the following issue is common to the Settlement Class: Did the Settling Defendants Defendants, or any of them, conspire to fix, raise, maintain, and/or stabilize the prices of Automotive Steel Tubes High Intensity Discharge Ballasts in Canada and/or elsewhere during the Class Period? If so, what damages, if any any, did the Settlement Class Members suffer? The Honourable Justice Xxxxxxxx Court File No. CV-17-582447-00CP ONTARIO THE HONOURABLE JUSTICE XXXXXXXX ) ) July 1, THE OF DAY1998 to August 13, BETWEEN: Proceeding under the Class Proceedings Act2018 International America Inc., 1992Denso Manufacturing Canada, S.O. 1992Inc., c. 6
(2) THIS MOTION made by the Denso Sales Canada, Inc., Mitsubishi Electric Corporation, Mitsubishi Electric Automotive America, Inc., Mitsubishi Electric Sales Canada Inc., Koito Manufacturing Co. Ltd., North American Lighting, Inc. and Ichikoh Industries, Ltd. Ontario Plaintiffs for an Order approving the settlement agreement entered into with Sanoh Industrial Autolights Siskinds Sheridan Koito Manufacturing Co., Ltd., Sanoh AmericaNorth American Lighting, Inc., and Sanoh CanadaIchikoh Industries, Ltd. (the “Settling Defendants”) and dismissing this action as against Ltd., Xxxxxxx Electric Co., Ltd., Xxxxxxx Electric U.S. Co. Inc., II Xxxxxxx Co., Inc., Mitsuba All Persons in Canada who, Did the Settling June 1,1997 to Superior LLP and Chevrolet during the Class Period, (a) Defendants, was heard this day at Osgoode Hallor any April 2, 000 Xxxxx Xxxxxx Xxxx2019. Court of Sotos LLP Cadillac Ltd., Xxxxxxxpurchased, Xxxxxxx. AND ON READING the materials fileddirectly or of them, including the settlement agreement dated ⚫conspire to Justice The Pickering indirectly, attached to this Order as Schedule “A” (the “Settlement Agreement”)Autolights; and/or fix, and on hearing the submissions of counsel for the Ontario Plaintiffs and counsel for the Settling Defendants; AND ON BEING ADVISED that the deadline for objecting to the Settlement Agreement has passed and there have been ⚫ written objections to the Settlement Agreement;
1. THIS COURT ORDERS that, in addition to the definitions used elsewhere in this Order, for the purposes of this Order, the definitions set out in the Settlement Agreement apply to and are incorporated into this Order.
2. THIS COURT ORDERS that in the event of a conflict between this Order and the Settlement Agreement, this Order shall prevail.
3. THIS COURT ORDERS that this Order, including the Settlement Agreement, is binding upon each member of the Settlement Class including those Persons who are minors or mentally incapable and the requirements of Rules 7.04(1) and 7.08(4) of the Rules of Civil Procedure, RRO 1990, Reg 194 are dispensed with in respect of the Ontario Action.
4. THIS COURT ORDERS that the Settlement Agreement is fair, reasonable and in the best interests of the Settlement Class.
5. THIS COURT ORDERS that the Settlement Agreement is hereby approved pursuant to section 29 of the Class Proceedings Act, 1992 and shall be implemented and enforced in accordance with its terms.
6. THIS COURT ORDERS that, upon the Effective Date, each member of the Settlement Class shall be deemed to have consented to the dismissal as against the Releasees of any Other Actions he, she or it has commenced, without costs and with prejudice.
7. THIS COURT ORDERS that, upon the Effective Date, each Other Action commenced in Ontario by any member of the Settlement Class shall be and is hereby dismissed against the Releasees, without costs and with prejudice.
8. THIS COURT ORDERS that, upon the Effective Date, subject to paragraph 10, each Releasor has released and shall be conclusively deemed to have forever and absolutely released the Releasees from the Released Claims.
9. THIS COURT ORDERS that, upon the Effective Date, each Releasor shall not now or hereafter institute, continueraise, maintain, intervene in Court File Auto Mall Ltd., (b) purchased or assertleased, either and/or stabilize the No. CV- and Fady directly or indirectly, whether a new or prices of Autolights Xxxxxx used Automotive Vehicle in Canada and/or 13-478642- Corporation, and containing Autolights; and/or elsewhere during the 00CP American Mitsuba (c) purchased for import into Class Period? If so, Corporation Canada, a new or elsewhereused what damages, on their own behalf or on behalf of any class or any other Personif Automotive Vehicle any, any proceeding, cause of action, claim or demand against any Releasee, or any other Person did Settlement containing Autolights. Class Members Excluded Persons and Persons suffer? who may claim contribution or indemnity, or other claims over relief, from any Releasee, whether pursuant to are included in the Negligence Act, RSO 1990, c. N. 1 or other legislation or at common law or equity in respect of any Released Claim.
10. THIS COURT ORDERS that the use of the terms “Releasors” and “Released Claims” in this Order does not constitute a release of claims by those members of the BC 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 Quebec Settlement Class who is resident in any province or territory where the release of one tortfeasor is a release of all tortfeasors covenants and undertakes not to make any claim in any way nor to threaten, commence, participate in or continue any proceeding in any jurisdiction against the Releasees in respect of or in relation to the Released Claims.
12. THIS COURT ORDERS that all claims for contribution, indemnity or other claims over, whether asserted, unasserted or asserted in a representative capacity, inclusive of interest, taxes and costs, relating to the Released Claims, which were or could have been brought in the Proceedings or any Other Actions, or otherwise, any named or unnamed co-conspirator that is not a Releasee, any Settled Defendant or any other Person or party against a Releasee, or by a Releasee against any named or unnamed co-conspirator that is not a Releasee, any Settled Defendant or any other Person or party, are barred, prohibited and enjoined in accordance with the terms of this Order.
13. THIS COURT ORDERS that for purposes of administration and enforcement of the Settlement Agreement and this Order, this Court will retain an ongoing supervisory role and the Settling Defendants attorn to the jurisdiction of this Court solely for the purpose of implementing, administering and enforcing the Settlement Agreement and this Order, and subject to the terms and conditions set out in the Settlement Agreement and this Order.
14. THIS COURT ORDERS that, except as provided herein, this Order does not affect any claims or causes of action that any members of the Settlement Class has or may have in excluded from the Ontario Action against any Person who is not a ReleaseeSettlement Class.
15. THIS COURT ORDERS that no Releasee shall have any responsibility or liability whatsoever relating to the administration of the Settlement Agreement; to administration, investment, or distribution of the Trust Account; or to the Distribution Protocol.
16. THIS COURT ORDERS that, in the event that the Settlement Agreement is terminated in accordance with its terms, this Order shall be declared null and void on subsequent motion made on notice.
17. THIS COURT ORDERS that, upon the Effective Date, the Ontario Action be and is hereby dismissed against the Settling Defendants, without costs and with prejudice.
Appears in 1 contract
Samples: Class Action Settlement Agreement
Date of Execution. (1) The Parties have executed this Settlement Agreement as of the date on the cover page. behalf and on behalf of the Settlement Class that they propose to represent, by their counsel Name of Authorized Signatory: Xxxxx Xxxxxx for Xxxx-Xxxx Xxxxxxx Signature of Authorized Signatory: for: Sotos LLP Ontario Counsel Name of Authorized Signatory: Signature of Authorized Signatory: Xxxxx Xxxxxx Siskinds LLP Ontario Counsel SHERIDAN CHEVROLET CADILLAC LTD. and THE XXXXXXXXX AUTO MALL Name of Authorized Signatory: Xxxxx Xxxxxx for Xxxxxxxx Xxxxx Signature of Authorized Signatory: for: Camp Xxxxxxxx Xxxxxxxx Xxxxxxxx Sotos LLP BC Class Counsel MIKUNI CORPORATION and MIKUNI AMERICAN CORPORATION, by their counsel Name of Authorized Signatory: Xxxxxx X. Xxxxxx Xxxxxxx Signature of Authorized Signatory: Xxxxxx Xxxxxx Xxxxx, Xxxxxxx & Xxxxxxx LLP Counsel for the Settling Defendants Name: Title: I have authority to bind the Partnership Name: Title: I have authority to bind the Partnership Ontario Superior Court of Justice Court File No. CV-14- 506683-00CP Fuel Injection Systems Siskinds LLP and Sotos LLP Sheridan Maruyasu Industries Co.Chevrolet Cadillac Ltd., The Xxxxxxxxx Auto Mall Ltd., and Xxxx Xxxxxx Hitachi, Ltd., Hitachi Automotive Systems, Ltd., Hitachi Automotive Systems Americas, Inc., Denso Corporation, Denso International America, Inc., Denso Manufacturing Canada, Inc., Denso Sales Canada, Inc., Denso International Korea Corporation, Denso Korea Automotive Corporation, Mitsubishi Electric Corporation, Mitsubishi Electric Automotive America, Inc., Mitsubishi Electric Sales Canada Inc., All Persons in Canada Superior Court Sotos LLP Chevrolet Ltd., Curtis-Maruyasu who, during the Class of Justice CV- Cadillac Ltd., and America, Inc., USUI Co., Period, (a) purchased, 17-582447- The Pickering Ltd. (F/K/A/ USAI directly or indirectly, 00CP (the Auto Mall Ltd. Kokusai Sangyo Kaisha Automotive Steel Tubesa Fuel Injection System; “Ontario Ltd.), USUI International and/or (b) purchased or Action”) Corporation, Sanoh leased, directly or Industrial Co., Ltd., indirectly, a new or used Sanoh America, Inc., Automotive Vehicle Sanoh Canada, Ltd., containing Automotive JTEKT Corporation, Steel Tubesa Fuel Injection System; and/or (c) JTEKT North America purchased for import into Corporation and JTEKT Canada, a new or used Automotive North Automotive Vehicle America, Inc. containing Automotive Steel Tubesa Fuel Injection System. Excluded Persons are excluded from the Settlement Class. British Camp Xxxxxxxx Did the Settling Defendants, or any of them, conspire to fix, raise, maintain, and/or stabilize the prices of Fuel Injection Systems in Canada Mitsubishi Electric US Holdings, Inc., Aisan Industry and/or elsewhere Co. Ltd., Franklin Precision Industry, Inc., Aisan during the Class Corporation of America, Hyundam Industrial Co., Period? If so, what Ltd., Keihin Corporation, Keihin North America, Inc. damages, if any, Maruyasu Industries Co., Ltd., Mikuni Corporation, did Settlement Mikuni American Corporation, Xxxxxx Xxxxx JTEKT XxxX, Class Members Xxxxxx Xxxxx LLC, Xxxxxx Xxxxx Inc., RBKB Bosch suffer? Electrical Drives Co., Ltd., Mitsuba Corporation and American Mitsuba Corporation Ontario Superior Court of Justice Court File No. CV-14- 506670-00CP Valve Timing Control Devices Sotos LLP Sheridan Chevrolet Cadillac Ltd. and The Xxxxxxxxx Auto Mall Ltd. Denso Corporation; Not applicable. Columbia Mogerman JTEKT North America Supreme Court Xxxxxxxx LLP Corporation; JTEKT S-191335 Automotive North (Vancouver , Denso International America, Inc., Maruyasu Registry) (the Industries Denso Manufacturing Canada, Inc., Denso Sales Canada, Inc., Denso International Korea Corporation, Mitsubishi Electric Corporation, Mitsubishi Electric Automotive America, Inc., Mitsubishi Electric Sales Canada Inc., Aisin Seiki Co., Ltd.; “BC Action”) Xxxxxx-Xxxxxxxx , Aisin Holdings of America, Inc.; Sanoh Industrial Co. Ltd.; Sanoh , Aisin World Corp. of America, Aisin Automotive Casting Tennessee, Inc., Aisin All Persons in Canada who, during the Class Period, (a) purchased, directly or indirectly, a Valve Timing Control Device; Sanoh and/or (b) purchased or leased, directly or indirectly, a new or used Automotive Vehicle containing a Valve Timing Control Device; and/or (c) purchased for import into Canada, a new or used Automotive Vehicle containing a Valve Timing Control Device. Excluded Persons are excluded from the Settlement Class. Did the Settling Defendants conspire to fix, raise, maintain, or stabilize the prices of Valve Timing Control Devices in Canada and/or Automotive Casting, LLC, Aisin Canada, Inc., Delphi elsewhere during Automotive LLP, Delphi Automotive Systems, LLC, the Class Period? If Korea Delphi Automotive Systems Corp., Delphi so, what damages, Powertrain Systems Korea Ltd.; USUI Co.; Ltd. (F/K/A/ USAI Kokusai Sangyo Kaisha Ltd.); , Mikuni Corporation if any did and USUI International Mikuni American Corporation Settlement Class Members suffer? Court File No. CV-17-582447-00CP ONTARIO ⚫ THE HONOURABLE ) , THE DAY JUSTICE XXXXXXXX ) ) OF , THE OF DAY, 2020 BETWEEN: Proceeding under the Class Proceedings Act, 1992, S.O. 1992, c. 6 ON READING the materials filed, including the settlement agreement with the Settling Defendants. dated as of ⚫, 2020, attached to this Order as Schedule “A” (the “Settlement Agreement”), and on reading the submissions of counsel for the Ontario Plaintiffs and Counsel for the Settling Defendants, the Non-Settling Defendants taking no position;
1. THIS COURT ORDERS that, for the purposes of this Order, except to the extent that they are modified in this Order, the definitions set out in the Settlement Agreement apply to and are incorporated into this Order.
2. THIS COURT ORDERS that the abbreviated, publication publication, and long-form notices of settlement approval hearing are hereby approved substantially in the forms attached respectively hereto as Schedules “B” to “D”.
3. THIS COURT ORDERS that the plan of dissemination for the abbreviated, publication publication, and long-form notices of settlement approval hearing (the “Plan of Dissemination”) is hereby approved in the form attached hereto as Schedule “E” and that the notices of settlement approval hearing shall be disseminated in accordance with the Plan of Dissemination.
4. THIS COURT ORDERS that the Ontario Action Proceeding is certified as a class proceeding as against the Settling Defendants for settlement purposes only.
5. THIS COURT ORDERS that the “Settlement Class” is certified as follows: All persons Persons in Canada who, during the Class Period, (a) purchased, directly or indirectly Automotive Steel Tubes indirectly, [INSERT RELEVANT PART]; and/or (b) purchased or leased, directly or indirectly, a new or used Automotive Vehicle containing Automotive Steel Tubes, [INSERT RELEVANT PART]; and/or (c) purchased for import into Canada, a new or used Automotive Vehicle containing Automotive Steel Tubes[INSERT RELEVANT PART]. Excluded Persons are excluded from the Settlement Class.
6. THIS COURT ORDERS that Gazarek Realty Holdings Ltd. (formerly known as Sheridan Chevrolet Cadillac Ltd.) and 5045320 Ontario Ltd. (formerly known as The Pickering Auto Mall Ltd.) [INSERT RELEVANT REPRESENTATIVE PLAINTIFFS] are appointed as the representative plaintiffs for the Settlement Class.
7. THIS COURT ORDERS that the following issue is common to the Settlement Class: Did the Settling Defendants Defendants, or any of them, conspire to fix, raise, maintain, and/or stabilize the prices of Automotive Steel Tubes [INSERT RELEVANT PART] in Canada and/or elsewhere during the Class Period? If so, what damages, if any any, did the Settlement Class Members suffer? ?
8. THIS COURT ORDERS that this Order, including but not limited to the certification of the Proceeding as against the Settling Defendants for settlement purposes and the definition of the Settlement Class and Common Issue, and any reasons given by the Court in connection with this Order, are without prejudice to the rights and defences of the Non- Settling Defendants in connection with the ongoing 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. The Honourable Justice Xxxxxxxx Court File No. CV-17-582447-00CP ONTARIO ⚫ THE HONOURABLE ) , THE DAY JUSTICE XXXXXXXX ) ) OF , THE OF DAY, 2020 BETWEEN: Proceeding under the Class Proceedings Act, 1992, S.O. 1992, c. 6
(2) THIS MOTION made by the Ontario Plaintiffs for an Order approving the settlement agreement entered into with Sanoh Industrial Co., Ltd., Sanoh America, Inc., and Sanoh Canada, Ltd. (the “Settling Defendants”) and dismissing this action as against the Settling Defendants, was heard this day at Osgoode Hall, 000 Xxxxx Xxxxxx Xxxx, Xxxxxxx, Xxxxxxx. 6 AND ON READING the materials filed, including the settlement agreement dated ⚫, 2020, attached to this Order as Schedule “A” (the “Settlement Agreement”), and on hearing the submissions of counsel for the Ontario Plaintiffs and counsel for the Settling Defendants, the Non-Settling Defendants taking no position; AND ON BEING ADVISED that the deadline for objecting to the Settlement Agreement has passed and there have been ⚫ written objections to the Settlement Agreement;
1. THIS COURT ORDERS that, in addition to the definitions used elsewhere in this Order, for the purposes of this Order, the definitions set out in the Settlement Agreement apply to and are incorporated into this Order.
2. THIS COURT ORDERS that that, in the event of a conflict between this Order and the Settlement Agreement, this Order shall prevail.
3. THIS COURT ORDERS that this Order, including the Settlement Agreement, is binding upon each member of the Settlement Class including those Persons who are minors or mentally incapable and the requirements of Rules 7.04(1) and 7.08(4) of the Rules of Civil Procedure, RRO 1990, Reg 194 Procedure are dispensed with in respect of the Ontario ActionProceeding.
4. THIS COURT ORDERS that the Settlement Agreement is fair, reasonable and in the best interests of the Settlement Class.
5. THIS COURT ORDERS that the Settlement Agreement is hereby approved pursuant to section 29 of the Class Proceedings Act, 1992 and shall be implemented and enforced in accordance with its terms.
6. THIS COURT ORDERS that, upon the Effective Date, each member of the Settlement Class shall be deemed to have consented to the dismissal as against the Releasees of any Other Actions he, she or it has commenced, without costs and with prejudice.
7. THIS COURT ORDERS that, upon the Effective Date, each Other Action commenced in Ontario by any member of the Settlement Class shall be and is hereby dismissed against the Releasees, without costs and with prejudice.
8. THIS COURT ORDERS that, upon the Effective Date, subject to paragraph 10, each Releasor has released and shall be conclusively deemed to have forever and absolutely released the Releasees from the Released Claims.
9. THIS COURT ORDERS that, upon the Effective Date, each Releasor shall not now or hereafter institute, continue, maintain, intervene in or assert, either directly or indirectly, whether in Canada or elsewhere, on their own behalf or on behalf of any class or any other Person, any proceeding, cause of action, claim or demand against any Releasee, or any other Person who may claim contribution or indemnity, or other claims over relief, from any Releasee, whether pursuant to the Negligence Act, RSO 1990, c. N. 1 or other legislation or at common law or equity in respect of any Released Claim, except for the continuation of the Proceedings against the Non-Settling Defendants or named or unnamed co-conspirators that are not Releasees or, if the Proceedings are not certified as class proceedings with respect to the Non-Settling Defendants, the continuation of the claims asserted in the Proceedings 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 brought in the Proceedings Proceedings, or any Other Actions, or otherwise, by any Non-Settling Defendant, any named or unnamed co-conspirator that is not a Releasee, any Settled Defendant or any other Person or party against a Releasee, or by a Releasee against any Non-Settling Defendant, any named or unnamed co-conspirator that is not a Releasee, any Settled Defendant or any other Person or party, are barred, prohibited and enjoined in accordance with the terms of this OrderOrder (unless such claim is made in respect of a claim by a Person who has validly opted out of the Proceedings.
13. THIS COURT ORDERS that if this Court ultimately determines that a claim for purposes contribution and indemnity or other claim over, whether in equity or in law, by statute or otherwise is a legally recognized claim:
(a) the 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 administration any damages (including punitive damages, if any), restitutionary award, disgorgement of profits, interest and enforcement costs (including investigative costs claimed pursuant to section 36 of the Competition Act, RSC 1985, c C-34) that corresponds to the Proportionate Liability of the Releasees proven at trial or otherwise;
(b) the Plaintiffs and the Settlement Agreement Class Members shall limit their claims against the Non-Settling Defendants and/or named or unnamed co-conspirators and/or any other Person or party that is not a Releasee to include only, and this Ordershall only seek to recover from the Non-Settling Defendants and/or named or unnamed co- conspirators and/or any other Person or party that is not a Releasee, those claims for damages (including punitive damages, if any), restitutionary award, disgorgement of profits, interest and costs (including investigative costs claimed pursuant to section 36 of the Competition Act, 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 Plaintiffs and 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 will retain an ongoing supervisory role 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 Settling Defendants attorn Proportionate Liability of the Releasees shall be determined as if the Releasees are parties to the jurisdiction of Proceeding and any determination by this Court solely for in respect of the purpose Proportionate Liability of implementing, administering and enforcing the Settlement Agreement and this Order, and subject to the terms and conditions set out Releasees shall only apply in the Settlement Agreement Proceeding and this Ordershall not be binding on the Releasees in any other proceeding.
14. THIS COURT ORDERS thatthat 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 Plaintiffs and the Settlement Class Members to oppose or resist any such arguments, except as provided herein, for in this Order does not affect any claims or causes of action that any members of the Settlement Class has or may have in the Ontario Action against any Person who is not a ReleaseeOrder.
15. THIS COURT ORDERS that no Releasee shall have any responsibility or liability whatsoever relating a Non-Settling Defendant may, on motion to this Court determined as if the Settling Defendants remained parties to the administration Proceeding, and on at least twenty (20) days’ notice to Counsel for the Settling Defendants, 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(s) in accordance with the Settlement AgreementRules of Civil Procedure, RRO 1990, Reg. 194;
(b) oral discovery of representative(s) of Settling Defendant(s), the transcript of which may be read in at trial;
(c) leave to serve request(s) to admit on Settling Defendant(s) in respect of factual matters; and/or
(d) the production of representative(s) of Settling Defendant(s) to administrationtestify at trial, investment, or distribution of with such witness(es) to be subject to cross-examination by counsel for the Trust Account; or to the Distribution ProtocolNon-Settling Defendants.
16. THIS COURT ORDERS that, in the event that the Settlement Agreement is terminated Settling Defendants retain all rights to oppose such motion(s) brought under paragraph 15. Moreover, nothing herein restricts the Settling 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 its termsparagraph 15. Notwithstanding any provision in this Order, on any motion brought pursuant to paragraph 15, this Order shall be declared null and void on subsequent motion made on notice.
17. THIS COURT ORDERS that, upon the Effective Date, the Ontario Action be and is hereby dismissed against the Settling Defendants, without costs and with prejudice.Court may make such orders
Appears in 1 contract
Samples: Settlement Agreement
Date of Execution. (1) The Parties have executed this Settlement Agreement as of the date on the cover page. behalf and on behalf of the Settlement Class that they propose to represent, by their counsel Name of Authorized Signatory: Xxxxx Xxxxxx for Xxxx-Xxxx Xxxxxxx Signature of Authorized Signatory: forSiskinds LLP Ontario Counsel SHERIDAN CHEVROLET CADILLAC LTD. and THE PICKERING AUTO MALL Name of Authorized Signatory: Xxxx Xxxxxx Signature of Authorized Signatory: Sotos LLP Ontario Counsel Name of Authorized Signatory: Signature of Authorized Signatory: Xxxxx Xxxxxx Siskinds LLP Ontario Counsel Name of Authorized Signatory: Xxxxx Xxxxxx for Xxxxxxxx Xxxxx Signature of Authorized Signatory: for: Camp Xxxxxxxx Xxxxxxxx Xxxxxxxx LLP BC Counsel LLC, and CONTINENTAL AUTOMOTIVE KOREA, LTD., by their counsel Name of Authorized Signatory: Xxxxxx Xxxxxxx X. Xxxxxx Xxxxxxx Signature of Authorized Signatory: Xxxxxx Xxxxxx Xxxxxxx XxXxxxxx LLP Counsel for the Settling Defendants Ontario Superior Court of Justice Court File No. CV- 12-449238- 00CP Siskinds LLP and Sheridan Maruyasu Industries Co., All Persons in Canada Superior Court Sotos LLP Sheridan Chevrolet Ltd., Curtis-Maruyasu who, during the Class of Justice CV- Cadillac Ltd., The Pickering Auto Mall Ltd., and Xxxx Xxxxxx Nippon Seiki Co., Ltd., N.S. International, Ltd., New Sabina Industries, Inc., Calsonic Kansei Corporation, Calsonic Kansei North America, Inc., USUI Co.Continental AG, PeriodContinental Automotive Systems, Inc., Continental Tire Canada, Inc. (a) purchasedformerly known as Continental Automotive Canada, 17-582447- The Pickering Ltd. (F/K/A/ USAI directly or indirectly, 00CP (the Auto Mall Ltd. Kokusai Sangyo Kaisha Automotive Steel Tubes; “Ontario Ltd.Inc.), USUI International and/or (b) purchased or Action”) Continental Automotive Electronics LLC, Continental Automotive Korea Ltd., Denso Corporation, Sanoh leased, directly or Industrial Co., Ltd., indirectly, a new or used Sanoh Denso International America, Inc., Automotive Vehicle Sanoh Denso Manufacturing Canada, Ltd., containing Automotive JTEKT Corporation, Steel Tubes; and/or (c) JTEKT North America purchased for import into Corporation and JTEKT Canada, a new or used Automotive North Automotive Vehicle America, Inc. containing Automotive Steel Tubes. Excluded Persons are excluded from the Settlement Class. British Camp Xxxxxxxx Xxxxxx Xxxxx JTEKT Corporation; Not applicable. Columbia Mogerman JTEKT North America Supreme Court Xxxxxxxx LLP Corporation; JTEKT S-191335 Automotive North (Vancouver America, Inc., Maruyasu Registry) (the Industries Co., Ltd.; “BC Action”) Xxxxxx-Xxxxxxxx America, Inc.; Sanoh Industrial Co. Ltd.; Sanoh America, Inc.; Sanoh and Denso Sales Canada, Ltd.; USUI Co.; Ltd. (F/K/A/ USAI Kokusai Sangyo Kaisha Ltd.); and USUI International Corporation Court File No. CV-17-582447-00CP ONTARIO THE HONOURABLE JUSTICE XXXXXXXX ) ) , THE OF DAY, BETWEEN: Proceeding under the Class Proceedings Act, 1992, S.O. 1992, c. 6 ON READING the materials filed, including the settlement agreement with the Settling Defendants. dated as of ⚫, attached to this Order as Schedule “A” (the “Settlement Agreement”), and on reading the submissions of counsel for the Ontario Plaintiffs and Counsel for the Settling Defendants;
1. THIS COURT ORDERS that, for the purposes of this Order, except to the extent that they are modified in this Order, the definitions set out in the Settlement Agreement apply to and are incorporated into this Order.
2. THIS COURT ORDERS that the abbreviated, publication and long-form notices of settlement approval hearing are hereby approved substantially in the forms attached respectively hereto as Schedules “B” to “D”.
3. THIS COURT ORDERS that the plan of dissemination for the abbreviated, publication and long-form notices of settlement approval hearing (the “Plan of Dissemination”) is hereby approved in the form attached hereto as Schedule “E” and that the notices of settlement approval hearing shall be disseminated in accordance with the Plan of Dissemination.
4. THIS COURT ORDERS that the Ontario Action is certified as a class proceeding as against the Settling Defendants for settlement purposes only.
5. THIS COURT ORDERS that the “Settlement Class” is certified as follows: Inc. All persons Persons in Canada who, during the Class Period, (a) purchased, directly or indirectly Automotive Steel Tubes indirectly, Instrument Panel Clusters; and/or (b) purchased or leased, directly or indirectly, a new or used Automotive Vehicle containing Automotive Steel Tubes, Instrument Panel Clusters; and/or (c) purchased for import into Canada, a new or used Automotive Vehicle containing Automotive Steel TubesInstrument Panel Clusters. Excluded Persons and Persons who are included in the Quebec Settlement Class and the BC Settlement Class are excluded from the Ontario Settlement Class.
6. THIS COURT ORDERS that Gazarek Realty Holdings Ltd. (formerly known as Sheridan Chevrolet Cadillac Ltd.) and 5045320 Ontario Ltd. (formerly known as The Pickering Auto Mall Ltd.) are appointed as the representative plaintiffs for the Settlement Class.
7. THIS COURT ORDERS that the following issue is common to the Settlement Class: Did the Settling Defendants conspire to fix, raise, maintain, and/or stabilize the prices of Automotive Steel Tubes in Canada and/or elsewhere during the Class Period? If so, what damages, if any did the Settlement Class Members suffer? The Honourable Justice Xxxxxxxx Court File No. CV-17-582447-00CP ONTARIO THE HONOURABLE JUSTICE XXXXXXXX ) ) , THE OF DAY, BETWEEN: Proceeding under the Class Proceedings Act, 1992, S.O. 1992, c. 6
(2) THIS MOTION made by the Ontario Plaintiffs for an Order approving the settlement agreement entered into with Sanoh Industrial Co., Ltd., Sanoh America, Inc., and Sanoh Canada, Ltd. (the “Settling Defendants”) and dismissing this action as against the Settling Defendants, was heard this day at Osgoode Hall, 000 Xxxxx Xxxxxx Xxxx, Xxxxxxx, Xxxxxxx. AND ON READING the materials filed, including the settlement agreement dated ⚫, attached to this Order as Schedule “A” (the “Settlement Agreement”), and on hearing the submissions of counsel for the Ontario Plaintiffs and counsel for the Settling Defendants; AND ON BEING ADVISED that the deadline for objecting to the Settlement Agreement has passed and there have been ⚫ written objections to the Settlement Agreement;
1. THIS COURT ORDERS that, in addition to the definitions used elsewhere in this Order, for the purposes of this Order, the definitions set out in the Settlement Agreement apply to and are incorporated into this Order.
2. THIS COURT ORDERS that in the event of a conflict between this Order and the Settlement Agreement, this Order shall prevail.
3. THIS COURT ORDERS that this Order, including the Settlement Agreement, is binding upon each member of the Settlement Class including those Persons who are minors or mentally incapable and the requirements of Rules 7.04(1) and 7.08(4) of the Rules of Civil Procedure, RRO 1990, Reg 194 are dispensed with in respect of the Ontario Action.
4. THIS COURT ORDERS that the Settlement Agreement is fair, reasonable and in the best interests of the Settlement Class.
5. THIS COURT ORDERS that the Settlement Agreement is hereby approved pursuant to section 29 of the Class Proceedings Act, 1992 and shall be implemented and enforced in accordance with its terms.
6. THIS COURT ORDERS that, upon the Effective Date, each member of the Settlement Class shall be deemed to have consented to the dismissal as against the Releasees of any Other Actions he, she or it has commenced, without costs and with prejudice.
7. THIS COURT ORDERS that, upon the Effective Date, each Other Action commenced in Ontario by any member of the Settlement Class shall be and is hereby dismissed against the Releasees, without costs and with prejudice.
8. THIS COURT ORDERS that, upon the Effective Date, subject to paragraph 10, each Releasor has released and shall be conclusively deemed to have forever and absolutely released the Releasees from the Released Claims.
9. THIS COURT ORDERS that, upon the Effective Date, each Releasor shall not now or hereafter institute, continue, maintain, intervene in or assert, either directly or indirectly, whether in Canada or elsewhere, on their own behalf or on behalf of any class or any other Person, any proceeding, cause of action, claim or demand against any Releasee, or any other Person who may claim contribution or indemnity, or other claims over relief, from any Releasee, whether pursuant to the Negligence Act, RSO 1990, c. N. 1 or other legislation or at common law or equity in respect of any Released Claim.
10. THIS COURT ORDERS that the use of the terms “Releasors” and “Released Claims” in this Order does not constitute a release of claims by those members of the Settlement Class who are resident in any province or territory where the release of one tortfeasor is a release of all tortfeasors.
11. THIS COURT ORDERS that, upon the Effective Date, each member of the Settlement Class who is resident in any province or territory where the release of one tortfeasor is a release of all tortfeasors covenants and undertakes not to make any claim in any way nor to threaten, commence, participate in or continue any proceeding in any jurisdiction against the Releasees in respect of or in relation to the Released Claims.
12. THIS COURT ORDERS that all claims for contribution, indemnity or other claims over, whether asserted, unasserted or asserted in a representative capacity, inclusive of interest, taxes and costs, relating to the Released Claims, which were or could have been brought in the Proceedings or any Other Actions, or otherwise, any named or unnamed co-conspirator that is not a Releasee, any Settled Defendant or any other Person or party against a Releasee, or by a Releasee against any named or unnamed co-conspirator that is not a Releasee, any Settled Defendant or any other Person or party, are barred, prohibited and enjoined in accordance with the terms of this Order.
13. THIS COURT ORDERS that for purposes of administration and enforcement of the Settlement Agreement and this Order, this Court will retain an ongoing supervisory role and the Settling Defendants attorn to the jurisdiction of this Court solely for the purpose of implementing, administering and enforcing the Settlement Agreement and this Order, and subject to the terms and conditions set out in the Settlement Agreement and this Order.
14. THIS COURT ORDERS that, except as provided herein, this Order does not affect any claims or causes of action that any members of the Settlement Class has or may have in the Ontario Action against any Person who is not a Releasee.
15. THIS COURT ORDERS that no Releasee shall have any responsibility or liability whatsoever relating to the administration of the Settlement Agreement; to administration, investment, or distribution of the Trust Account; or to the Distribution Protocol.
16. THIS COURT ORDERS that, in the event that the Settlement Agreement is terminated in accordance with its terms, this Order shall be declared null and void on subsequent motion made on notice.
17. THIS COURT ORDERS that, upon the Effective Date, the Ontario Action be and is hereby dismissed against the Settling Defendants, without costs and with prejudice.
Appears in 1 contract
Samples: National Settlement Agreement
Date of Execution. (1) The Parties have executed this Settlement Agreement as of the date on the cover page. XXXX XXXXXX and XXXXXX XXXXXX on their own behalf and on behalf of the Settlement Class Classes that they propose to represent, by their counsel Name of Authorized Signatory: Xxxxx Xxxxxx for Xxxx-Xxxx Xxxxxxx Signature of Authorized Signatory: forSiskinds LLP Ontario Counsel GAZAREK REALTY HOLDINGS LTD. and 5045320 ONTARIO LTD., on their own behalf and on behalf of the Settlement Classes that they propose to represent, by their counsel Name of Authorized Signatory: Sotos LLP Ontario Counsel Signature of Authorized Signatory: Name of Authorized Signatory: Signature of Authorized Signatory: Xxxxx Xxxxxx Siskinds LLP Ontario Counsel Name of Authorized Signatory: Xxxxx Xxxxxx for Xxxxxxxx Xxxxx Signature of Authorized Signatory: for: pp Camp Xxxxxxxx Xxxxxxxx Xxxxxxxx LLP BC Counsel Name of Authorized Signatory: Xxxxxx X. Xxxxxx Xxxxx Xxxxxxx Signature of Authorized Signatory: Xxxxxx Xxxxxx Xxxxxxx LLP Counsel for the Settling Defendants DocuSign Envelope ID: DEB15E8F-E938-4D46-965E-3A6296FE4589 Ontario Superior Court of Justice Court File No. CV-14-506637- 00CP Air Conditioning Systems Siskinds LLP and Sheridan Maruyasu Industries Co., All Persons in Canada Superior Court Sotos LLP Sheridan Chevrolet Ltd., Curtis-Maruyasu who, during the Class of Justice CV- Cadillac Ltd., The Pickering Auto Mall Ltd., Xxxx Xxxxxx, and Xxxxxx Xxxxxx Valeo S.A., Valeo Incorporated, Valeo Japan Co. Ltd., Valeo Climate Control Corp, Valeo Compressor North America, Inc., USUI Co.Valeo Electrical Systems, PeriodInc., (a) purchased, 17-582447- The Pickering Ltd. (F/K/A/ USAI directly or indirectly, 00CP (the Auto Mall Ltd. Kokusai Sangyo Kaisha Automotive Steel Tubes; “Ontario Ltd.), USUI International and/or (b) purchased or Action”) Corporation, Sanoh leased, directly or Industrial Co.Mitsubishi Heavy Industries, Ltd., indirectly, a new or used Sanoh America, Inc., Automotive Vehicle Sanoh Canada, Ltd., containing Automotive JTEKT Corporation, Steel Tubes; and/or (c) JTEKT North America purchased for import into Corporation and JTEKT Canada, a new or used Automotive North Automotive Vehicle America, Inc. containing Automotive Steel Tubes. Excluded Mitsubishi Heavy Industries All Persons are excluded from the Settlement Class. British Camp Xxxxxxxx Xxxxxx Xxxxx JTEKT Corporation; Not applicable. Columbia Mogerman JTEKT North America Supreme Court Xxxxxxxx LLP Corporation; JTEKT S-191335 Automotive North (Vancouver America, Inc., Maruyasu Registry) (the Industries Co., Ltd.; “BC Action”) Xxxxxx-Xxxxxxxx America, Inc.; Sanoh Industrial Co. Ltd.; Sanoh America, Inc.; Sanoh Canada, Ltd.; USUI Co.; Ltd. (F/K/A/ USAI Kokusai Sangyo Kaisha Ltd.); and USUI International Corporation Court File No. CV-17-582447-00CP ONTARIO THE HONOURABLE JUSTICE XXXXXXXX ) ) , THE OF DAY, BETWEEN: Proceeding under the Class Proceedings Act, 1992, S.O. 1992, c. 6 ON READING the materials filed, including the settlement agreement with the Settling Defendants. dated as of ⚫, attached to this Order as Schedule “A” (the “Settlement Agreement”), and on reading the submissions of counsel for the Ontario Plaintiffs and Counsel for the Settling Defendants;
1. THIS COURT ORDERS that, for the purposes of this Order, except to the extent that they are modified in this Order, the definitions set out in the Settlement Agreement apply to and are incorporated into this Order.
2. THIS COURT ORDERS that the abbreviated, publication and long-form notices of settlement approval hearing are hereby approved substantially in the forms attached respectively hereto as Schedules “B” to “D”.
3. THIS COURT ORDERS that the plan of dissemination for the abbreviated, publication and long-form notices of settlement approval hearing (the “Plan of Dissemination”) is hereby approved in the form attached hereto as Schedule “E” and that the notices of settlement approval hearing shall be disseminated in accordance with the Plan of Dissemination.
4. THIS COURT ORDERS that the Ontario Action is certified as a class proceeding as against the Settling Defendants for settlement purposes only.
5. THIS COURT ORDERS that the “Settlement Class” is certified as follows: All persons in Canada who, during the Class Period, (a) purchased, directly or indirectly Automotive Steel Tubes indirectly, an Air Conditioning System; and/or (b) purchased or leased, Did the Settling Defendants, or any of them, conspire to fix, raise, maintain, and/or stabilize the prices of Air Conditioning January 1, 2001 to December 10, 2019 Climate Control, Inc., Denso directly or indirectly, a Systems in Canada Corporation, Denso International new or used and/or elsewhere America, Inc., Denso Automotive Vehicle during the Class Manufacturing Canada, Inc., containing an Air Period? Denso Sales Canada, Inc., Conditioning System; Calsonic Kansei Corporation, and/or (c) purchased Calsonic Kansei North America, for import into Canada, Inc., Sanden Holdings a new or used Corporation, Sanden International Automotive Steel TubesVehicle (USA) Inc., Sanden Automotive containing an Air Climate Systems Corporation, Conditioning System. Xxxxxx Automotive Components Excluded Persons are Corporation, XXXXX Xxxx excluded from the GmbH & Co. KG, XXXXX Xxxx Ontario Settlement USA Inc., Panasonic Corporation, Class. Panasonic Corporation of North America, and Panasonic Canada, Inc.
A. All Persons in Canada who, during the Class Period, (a) purchased, directly or indirectly, Automotive Access Mechanisms; and/or Did the Settling Defendants, or any of them, conspire to fix, raise, maintain, and/or stabilize the prices of January 1, 2002 to June 2, 2020 (b) purchased or Automotive Access leased, directly or Mechanisms in indirectly, a new or Canada and/or used Automotive elsewhere during Vehicle containing the Class Period? Automotive Access Mechanisms; and/or (c) purchased for import into Canada, a new or used Automotive Vehicle containing Automotive Steel TubesAccess Mechanisms. Excluded Persons are excluded from the Ontario Settlement Class.
6. THIS COURT ORDERS that Gazarek Realty Holdings Ltd. (formerly known as DocuSign Envelope ID: DEB15E8F-E938-4D46-965E-3A6296FE4589 Ontario Superior Court of Justice Court File No. CV-14-506680- 00CP High Intensity Discharge Ballasts Siskinds LLP and Sotos LLP Sheridan Chevrolet Cadillac Ltd.) and 5045320 Ontario Ltd. (formerly known as , The Pickering Auto Mall Ltd., and Xxxx Xxxxxx Panasonic Corporation, Panasonic Corporation of North America, Panasonic Canada Inc., Xxxxxxx Electric Co., Ltd., Xxxxxxx Electric U.S. Co., Inc., II Xxxxxxx Co., Inc., Denso Corporation, Denso All Persons in Canada who, during the Class Period, (a) are appointed as the representative plaintiffs for the Settlement Class.
7. THIS COURT ORDERS that the following issue is common to the Settlement Class: purchased, directly or indirectly, a High Intensity Discharge Ballast; Did the Settling Defendants Defendants, or any of them, conspire to fix, raise, maintain, and/or stabilize the prices of Automotive Steel Tubes High July 1, 1998 to August 13, 2018 International America Inc., Denso and/or (b) purchased or Intensity Discharge Manufacturing Canada, Inc., leased, directly or Ballasts in Canada Denso Sales Canada, Inc., indirectly, a new or and/or elsewhere Mitsubishi Electric Corporation, used Automotive during the Class Mitsubishi Electric Automotive Vehicle containing a Period? If so, what America, Inc., Mitsubishi Electric High Intensity damages, if any any, did the Sales Canada Inc., Koito Discharge Ballast; Settlement Class Manufacturing Co. Ltd., North and/or (c) purchased Members suffer? The Honourable American Lighting, Inc. and for import into Canada, Ichikoh Industries, Ltd. a new or used Automotive Vehicle containing a High Intensity Discharge Ballast. Excluded Persons are excluded from the Ontario Settlement Class. DocuSign Envelope ID: DEB15E8F-E938-4D46-965E-3A6296FE4589 Ontario Superior Court of Justice Xxxxxxxx Court File No. CV-17CV-13-582447-478642- 00CP ONTARIO THE HONOURABLE JUSTICE XXXXXXXX ) ) Autolights Siskinds LLP and Sotos LLP Sheridan Chevrolet Cadillac Ltd., THE OF DAYThe Xxxxxxxxx Auto Mall Ltd., BETWEEN: Proceeding under the Class Proceedings Act, 1992, S.O. 1992, c. 6
(2) THIS MOTION made by the Ontario Plaintiffs for an Order approving the settlement agreement entered into with Sanoh Industrial and Xxxx Xxxxxx Koito Manufacturing Co., Ltd., Sanoh AmericaNorth American Lighting, Inc., Ichikoh Industries, Ltd., Xxxxxxx Electric Co., Ltd., Xxxxxxx Electric U.S. Co. Inc., II Xxxxxxx Co., Inc., Mitsuba Corporation, and Sanoh CanadaAmerican Mitsuba Corporation All Persons in Canada who, Ltd. during the Class Period, (the “Settling Defendants”a) and dismissing this action as against purchased, directly or indirectly, Autolights; and/or (b) purchased or leased, Did the Settling Defendants, was heard this day at Osgoode Hallor any of them, 000 Xxxxx Xxxxxx Xxxxconspire to fix, Xxxxxxx, Xxxxxxx. AND ON READING the materials filed, including the settlement agreement dated ⚫, attached to this Order as Schedule “A” (the “Settlement Agreement”), and on hearing the submissions of counsel for the Ontario Plaintiffs and counsel for the Settling Defendants; AND ON BEING ADVISED that the deadline for objecting to the Settlement Agreement has passed and there have been ⚫ written objections to the Settlement Agreement;
1. THIS COURT ORDERS that, in addition to the definitions used elsewhere in this Order, for the purposes of this Order, the definitions set out in the Settlement Agreement apply to and are incorporated into this Order.
2. THIS COURT ORDERS that in the event of a conflict between this Order and the Settlement Agreement, this Order shall prevail.
3. THIS COURT ORDERS that this Order, including the Settlement Agreement, is binding upon each member of the Settlement Class including those Persons who are minors or mentally incapable and the requirements of Rules 7.04(1) and 7.08(4) of the Rules of Civil Procedure, RRO 1990, Reg 194 are dispensed with in respect of the Ontario Action.
4. THIS COURT ORDERS that the Settlement Agreement is fair, reasonable and in the best interests of the Settlement Class.
5. THIS COURT ORDERS that the Settlement Agreement is hereby approved pursuant to section 29 of the Class Proceedings Act, 1992 and shall be implemented and enforced in accordance with its terms.
6. THIS COURT ORDERS that, upon the Effective Date, each member of the Settlement Class shall be deemed to have consented to the dismissal as against the Releasees of any Other Actions he, she or it has commenced, without costs and with prejudice.
7. THIS COURT ORDERS that, upon the Effective Date, each Other Action commenced in Ontario by any member of the Settlement Class shall be and is hereby dismissed against the Releasees, without costs and with prejudice.
8. THIS COURT ORDERS that, upon the Effective Date, subject to paragraph 10, each Releasor has released and shall be conclusively deemed to have forever and absolutely released the Releasees from the Released Claims.
9. THIS COURT ORDERS that, upon the Effective Date, each Releasor shall not now or hereafter institute, continueraise, maintain, intervene in or assertand/or stabilize the prices of Autolights June 1,1997 to April 2, either 2019. directly or indirectly, whether a in Canada and/or new or elsewhereused elsewhere during Automotive Vehicle the Class Period? If containing Autolights; so, on their own behalf or on behalf of any class or any other Personwhat damages, any proceedingand/or (c) purchased if any, cause of actiondid for import into Canada, claim or demand against any Releasee, or any other Person who may claim contribution or indemnity, or other claims over relief, from any Releasee, whether pursuant to the Negligence Act, RSO 1990, c. N. 1 or other legislation or at common law or equity in respect of any Released Claim.
10. THIS COURT ORDERS that the use of the terms “Releasors” and “Released Claims” in this Order does not constitute a release of claims by those members of the Settlement Class a new or used Members suffer? Automotive Vehicle containing Autolights. Excluded Persons and Persons who are resident included 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 Quebec Settlement Class who is resident in any province or territory where the release of one tortfeasor is a release of all tortfeasors covenants and undertakes not to make any claim in any way nor to threaten, commence, participate in or continue any proceeding in any jurisdiction against the Releasees in respect of or in relation to the Released Claims.
12. THIS COURT ORDERS that all claims for contribution, indemnity or other claims over, whether asserted, unasserted or asserted in a representative capacity, inclusive of interest, taxes and costs, relating to the Released Claims, which were or could have been brought in the Proceedings or any Other Actions, or otherwise, any named or unnamed co-conspirator that is not a Releasee, any Settled Defendant or any other Person or party against a Releasee, or by a Releasee against any named or unnamed co-conspirator that is not a Releasee, any Settled Defendant or any other Person or party, are barred, prohibited and enjoined in accordance with the terms of this Order.
13. THIS COURT ORDERS that for purposes of administration and enforcement of the Settlement Agreement and this Order, this Court will retain an ongoing supervisory role and the Settling Defendants attorn to the jurisdiction of this Court solely for the purpose of implementing, administering and enforcing the Settlement Agreement and this Order, and subject to the terms and conditions set out in the Settlement Agreement and this Order.
14. THIS COURT ORDERS that, except as provided herein, this Order does not affect any claims or causes of action that any members of the Settlement Class has or may have in excluded from the Ontario Action against any Person who is not a ReleaseeSettlement Class.
15. THIS COURT ORDERS that no Releasee shall have any responsibility or liability whatsoever relating to the administration of the Settlement Agreement; to administration, investment, or distribution of the Trust Account; or to the Distribution Protocol.
16. THIS COURT ORDERS that, in the event that the Settlement Agreement is terminated in accordance with its terms, this Order shall be declared null and void on subsequent motion made on notice.
17. THIS COURT ORDERS that, upon the Effective Date, the Ontario Action be and is hereby dismissed against the Settling Defendants, without costs and with prejudice.
Appears in 1 contract
Samples: Settlement Agreement
Date of Execution. (1) The Parties have executed this Settlement Agreement as of the date on the cover page. behalf and on behalf of the Settlement Class that they propose to represent, by their counsel Name of Authorized Signatory: Xxxxx Xxxxxx for Xxxx-Xxxx Xxxxxxx Signature of Authorized Signatory: for: Sotos LLP Ontario Counsel Name of Authorized Signatory: Signature of Authorized Signatory: Xxxxx Xxxxxx Siskinds LLP Ontario Counsel SHERIDAN CHEVROLET CADILLAC LTD. and THE PICKERING AUTO MALL Name of Authorized Signatory: Xxxxx Xxxxxx for Xxxxxxxx Xxxxx Signature of Authorized Signatory: forSotos LLP Ontario Counsel INOAC CORPORATION, INOAC USA, INC., INOAC INTERIOR SYSTEMS LLC, INOAC INTERIOR SYSTEMS LP, and INOAC CANADA LIMITED, by their counsel Name of Authorized Signatory: Xxxxxxx Xx Xxxxxxxx Signature of Authorized Signatory: Fasken Xxxxxxxxx XxXxxxxx LLP Counsel for the Settling Defendants I have authority to bind the Partnership Name of Authorized Signatory: Signature of Authorized Signatory: Camp Xxxxxxxx Xxxxxxxx Xxxxxxxx LLP BC Counsel Name of Authorized Signatory: Xxxxxx X. Xxxxxx Signature of Authorized Signatory: Xxxxxx Xxxxxx Xxxxxxx LLP Counsel for the Settling Defendants Ontario Siskinds LLP and CV-16-549733-00CP Sheridan Maruyasu Industries Co., All Persons in Canada Superior Court Sotos LLP Chevrolet Ltd., Curtis-Maruyasu who, during the Class of Justice CV- Cadillac Ltd., The Pickering Auto Mall Ltd., and Xxxx Xxxxxx Calsonic Kansei Corporation, Calsonic Kansei North America, Inc., USUI Co., Period, (a) purchased, 17-582447- The Pickering Ltd. (F/K/A/ USAI directly or indirectly, 00CP (the Auto Mall Ltd. Kokusai Sangyo Kaisha Automotive Steel Tubes; “Ontario Ltd.), USUI International and/or (b) purchased or Action”) INOAC Corporation, Sanoh leased, directly or Industrial Co., Ltd., indirectly, a new or used Sanoh AmericaINOAC USA, Inc., Automotive Vehicle Sanoh CanadaINOAC Interior Systems LLC, Ltd.Springfield Interior Trim, containing Automotive JTEKT CorporationLLC, Steel Tubes; and/or (c) JTEKT North America purchased for import into Corporation INOAC Interior Systems LP, Blenheim Interior Trim, LLP, INOAC Canada Limited, Intertec Systems, Adient Seating Canada LP, Adient PLC and JTEKT Canada, a new or used Automotive North Automotive Vehicle America, Inc. containing Automotive Steel Tubes. Excluded Xxxxxxx Controls International PLC All Persons are excluded from the Settlement Class. British Camp Xxxxxxxx Xxxxxx Xxxxx JTEKT Corporation; Not applicable. Columbia Mogerman JTEKT North America Supreme Court Xxxxxxxx LLP Corporation; JTEKT S-191335 Automotive North (Vancouver America, Inc., Maruyasu Registry) (the Industries Co., Ltd.; “BC Action”) Xxxxxx-Xxxxxxxx America, Inc.; Sanoh Industrial Co. Ltd.; Sanoh America, Inc.; Sanoh Canada, Ltd.; USUI Co.; Ltd. (F/K/A/ USAI Kokusai Sangyo Kaisha Ltd.); and USUI International Corporation Court File No. CV-17-582447-00CP ONTARIO THE HONOURABLE JUSTICE XXXXXXXX ) ) , THE OF DAY, BETWEEN: Proceeding under the Class Proceedings Act, 1992, S.O. 1992, c. 6 ON READING the materials filed, including the settlement agreement with the Settling Defendants. dated as of ⚫, attached to this Order as Schedule “A” (the “Settlement Agreement”), and on reading the submissions of counsel for the Ontario Plaintiffs and Counsel for the Settling Defendants;
1. THIS COURT ORDERS that, for the purposes of this Order, except to the extent that they are modified in this Order, the definitions set out in the Settlement Agreement apply to and are incorporated into this Order.
2. THIS COURT ORDERS that the abbreviated, publication and long-form notices of settlement approval hearing are hereby approved substantially in the forms attached respectively hereto as Schedules “B” to “D”.
3. THIS COURT ORDERS that the plan of dissemination for the abbreviated, publication and long-form notices of settlement approval hearing (the “Plan of Dissemination”) is hereby approved in the form attached hereto as Schedule “E” and that the notices of settlement approval hearing shall be disseminated in accordance with the Plan of Dissemination.
4. THIS COURT ORDERS that the Ontario Action is certified as a class proceeding as against the Settling Defendants for settlement purposes only.
5. THIS COURT ORDERS that the “Settlement Class” is certified as follows: All persons in Canada who, during the Class Period, (a) purchased, directly or indirectly Automotive Steel Tubes indirectly, Plastic Interior Trim; and/or (b) purchased or leased, directly or indirectly, a new or used Automotive Vehicle containing Automotive Steel Tubes, Plastic Interior Trim; and/or (c) purchased for import into Canada, a new or used Automotive Vehicle containing Automotive Steel TubesPlastic Interior Trim. Excluded Persons and Persons who are included in the BC Settlement Class are excluded from the Ontario Settlement Class.
6. THIS COURT ORDERS that Gazarek Realty Holdings Ltd. (formerly known as Sheridan Chevrolet Cadillac Ltd.) and 5045320 Ontario Ltd. (formerly known as The Pickering Auto Mall Ltd.) are appointed as the representative plaintiffs for the Settlement Class.
7. THIS COURT ORDERS that the following issue is common to the Settlement Class: Did the Settling Defendants conspire to fix, raise, maintain, and/or stabilize the prices of Automotive Steel Tubes in Canada and/or elsewhere during the Class Period? If so, what damages, if any did the Settlement Class Members suffer? The Honourable Justice Xxxxxxxx Court File No. CV-17-582447-00CP ONTARIO THE HONOURABLE JUSTICE XXXXXXXX ) ) , THE OF DAY, BETWEEN: Proceeding under the Class Proceedings Act, 1992, S.O. 1992, c. 6
(2) THIS MOTION made by the Ontario Plaintiffs for an Order approving the settlement agreement entered into with Sanoh Industrial Co., Ltd., Sanoh America, Inc., and Sanoh Canada, Ltd. (the “Settling Defendants”) and dismissing this action as against the Settling Defendants, was heard this day at Osgoode Hall, 000 Xxxxx Xxxxxx Xxxx, Xxxxxxx, Xxxxxxx. AND ON READING the materials filed, including the settlement agreement dated ⚫, attached to this Order as Schedule “A” (the “Settlement Agreement”), and on hearing the submissions of counsel for the Ontario Plaintiffs and counsel for the Settling Defendants; AND ON BEING ADVISED that the deadline for objecting to the Settlement Agreement has passed and there have been ⚫ written objections to the Settlement Agreement;
1. THIS COURT ORDERS that, in addition to the definitions used elsewhere in this Order, for the purposes of this Order, the definitions set out in the Settlement Agreement apply to and are incorporated into this Order.
2. THIS COURT ORDERS that in the event of a conflict between this Order and the Settlement Agreement, this Order shall prevail.
3. THIS COURT ORDERS that this Order, including the Settlement Agreement, is binding upon each member of the Settlement Class including those Persons who are minors or mentally incapable and the requirements of Rules 7.04(1) and 7.08(4) of the Rules of Civil Procedure, RRO 1990, Reg 194 are dispensed with in respect of the Ontario Action.
4. THIS COURT ORDERS that the Settlement Agreement is fair, reasonable and in the best interests of the Settlement Class.
5. THIS COURT ORDERS that the Settlement Agreement is hereby approved pursuant to section 29 of the Class Proceedings Act, 1992 and shall be implemented and enforced in accordance with its terms.
6. THIS COURT ORDERS that, upon the Effective Date, each member of the Settlement Class shall be deemed to have consented to the dismissal as against the Releasees of any Other Actions he, she or it has commenced, without costs and with prejudice.
7. THIS COURT ORDERS that, upon the Effective Date, each Other Action commenced in Ontario by any member of the Settlement Class shall be and is hereby dismissed against the Releasees, without costs and with prejudice.
8. THIS COURT ORDERS that, upon the Effective Date, subject to paragraph 10, each Releasor has released and shall be conclusively deemed to have forever and absolutely released the Releasees from the Released Claims.
9. THIS COURT ORDERS that, upon the Effective Date, each Releasor shall not now or hereafter institute, continue, maintain, intervene in or assert, either directly or indirectly, whether in Canada or elsewhere, on their own behalf or on behalf of any class or any other Person, any proceeding, cause of action, claim or demand against any Releasee, or any other Person who may claim contribution or indemnity, or other claims over relief, from any Releasee, whether pursuant to the Negligence Act, RSO 1990, c. N. 1 or other legislation or at common law or equity in respect of any Released Claim.
10. THIS COURT ORDERS that the use of the terms “Releasors” and “Released Claims” in this Order does not constitute a release of claims by those members of the Settlement Class who are resident in any province or territory where the release of one tortfeasor is a release of all tortfeasors.
11. THIS COURT ORDERS that, upon the Effective Date, each member of the Settlement Class who is resident in any province or territory where the release of one tortfeasor is a release of all tortfeasors covenants and undertakes not to make any claim in any way nor to threaten, commence, participate in or continue any proceeding in any jurisdiction against the Releasees in respect of or in relation to the Released Claims.
12. THIS COURT ORDERS that all claims for contribution, indemnity or other claims over, whether asserted, unasserted or asserted in a representative capacity, inclusive of interest, taxes and costs, relating to the Released Claims, which were or could have been brought in the Proceedings or any Other Actions, or otherwise, any named or unnamed co-conspirator that is not a Releasee, any Settled Defendant or any other Person or party against a Releasee, or by a Releasee against any named or unnamed co-conspirator that is not a Releasee, any Settled Defendant or any other Person or party, are barred, prohibited and enjoined in accordance with the terms of this Order.
13. THIS COURT ORDERS that for purposes of administration and enforcement of the Settlement Agreement and this Order, this Court will retain an ongoing supervisory role and the Settling Defendants attorn to the jurisdiction of this Court solely for the purpose of implementing, administering and enforcing the Settlement Agreement and this Order, and subject to the terms and conditions set out in the Settlement Agreement and this Order.
14. THIS COURT ORDERS that, except as provided herein, this Order does not affect any claims or causes of action that any members of the Settlement Class has or may have in the Ontario Action against any Person who is not a Releasee.
15. THIS COURT ORDERS that no Releasee shall have any responsibility or liability whatsoever relating to the administration of the Settlement Agreement; to administration, investment, or distribution of the Trust Account; or to the Distribution Protocol.
16. THIS COURT ORDERS that, in the event that the Settlement Agreement is terminated in accordance with its terms, this Order shall be declared null and void on subsequent motion made on notice.
17. THIS COURT ORDERS that, upon the Effective Date, the Ontario Action be and is hereby dismissed against the Settling Defendants, without costs and with prejudice.
Appears in 1 contract
Samples: Settlement Agreement
Date of Execution. (1) The Parties have executed this Settlement Agreement as of the date on the cover page. XXXX XXXXXX and XXXXXX XXXXXX on their own behalf and on behalf of the Settlement Class Classes that they propose to represent, by their counsel Name of Authorized Signatory: Xxxxx Xxxxxx for Xxxx-Xxxx Xxxxxxx Signature of Authorized Signatory: forSiskinds LLP Ontario Counsel GAZAREK REALTY HOLDINGS LTD. and 5045320 ONTARIO LTD., on their own behalf and on behalf of the Settlement Classes that they propose to represent, by their counsel Name of Authorized Signatory: Sotos LLP Ontario Counsel Signature of Authorized Signatory: Name of Authorized Signatory: Signature of Authorized Signatory: Xxxxx Xxxxxx Siskinds LLP Ontario Counsel Name of Authorized Signatory: Xxxxx Xxxxxx for Xxxxxxxx Xxxxx Signature of Authorized Signatory: for: pp Camp Xxxxxxxx Xxxxxxxx Xxxxxxxx LLP BC Counsel Name of Authorized Signatory: Xxxxxx X. Xxxxxx Xxxxx Xxxxxxx Signature of Authorized Signatory: Xxxxxx Xxxxxx Xxxxxxx LLP Counsel for the Settling Defendants DocuSign Envelope ID: DEB15E8F-E938-4D46-965E-3A6296FE4589 Ontario Superior Court of Justice Court File No. CV-14-506637- 00CP Air Conditioning Systems Siskinds LLP and Sheridan Maruyasu Industries Co., All Persons in Canada Superior Court Sotos LLP Sheridan Chevrolet Ltd., Curtis-Maruyasu who, during the Class of Justice CV- Cadillac Ltd., The Xxxxxxxxx Auto Mall Ltd., Xxxx Xxxxxx, and Xxxxxx Xxxxxx Valeo S.A., Valeo Incorporated, Valeo Japan Co. Ltd., Valeo Climate Control Corp, Valeo Compressor North America, Inc., USUI Co.Valeo Electrical Systems, PeriodInc., (a) purchased, 17-582447- The Pickering Ltd. (F/K/A/ USAI directly or indirectly, 00CP (the Auto Mall Ltd. Kokusai Sangyo Kaisha Automotive Steel Tubes; “Ontario Ltd.), USUI International and/or (b) purchased or Action”) Corporation, Sanoh leased, directly or Industrial Co.Mitsubishi Heavy Industries, Ltd., indirectly, a new or used Sanoh America, Inc., Automotive Vehicle Sanoh Canada, Ltd., containing Automotive JTEKT Corporation, Steel Tubes; and/or (c) JTEKT North America purchased for import into Corporation and JTEKT Canada, a new or used Automotive North Automotive Vehicle America, Inc. containing Automotive Steel Tubes. Excluded Mitsubishi Heavy Industries All Persons are excluded from the Settlement Class. British Camp Xxxxxxxx Xxxxxx Xxxxx JTEKT Corporation; Not applicable. Columbia Mogerman JTEKT North America Supreme Court Xxxxxxxx LLP Corporation; JTEKT S-191335 Automotive North (Vancouver America, Inc., Maruyasu Registry) (the Industries Co., Ltd.; “BC Action”) Xxxxxx-Xxxxxxxx America, Inc.; Sanoh Industrial Co. Ltd.; Sanoh America, Inc.; Sanoh Canada, Ltd.; USUI Co.; Ltd. (F/K/A/ USAI Kokusai Sangyo Kaisha Ltd.); and USUI International Corporation Court File No. CV-17-582447-00CP ONTARIO THE HONOURABLE JUSTICE XXXXXXXX ) ) , THE OF DAY, BETWEEN: Proceeding under the Class Proceedings Act, 1992, S.O. 1992, c. 6 ON READING the materials filed, including the settlement agreement with the Settling Defendants. dated as of ⚫, attached to this Order as Schedule “A” (the “Settlement Agreement”), and on reading the submissions of counsel for the Ontario Plaintiffs and Counsel for the Settling Defendants;
1. THIS COURT ORDERS that, for the purposes of this Order, except to the extent that they are modified in this Order, the definitions set out in the Settlement Agreement apply to and are incorporated into this Order.
2. THIS COURT ORDERS that the abbreviated, publication and long-form notices of settlement approval hearing are hereby approved substantially in the forms attached respectively hereto as Schedules “B” to “D”.
3. THIS COURT ORDERS that the plan of dissemination for the abbreviated, publication and long-form notices of settlement approval hearing (the “Plan of Dissemination”) is hereby approved in the form attached hereto as Schedule “E” and that the notices of settlement approval hearing shall be disseminated in accordance with the Plan of Dissemination.
4. THIS COURT ORDERS that the Ontario Action is certified as a class proceeding as against the Settling Defendants for settlement purposes only.
5. THIS COURT ORDERS that the “Settlement Class” is certified as follows: All persons in Canada who, during the Class Period, (a) purchased, directly or indirectly Automotive Steel Tubes indirectly, an Air Conditioning System; and/or (b) purchased or leased, Did the Settling Defendants, or any of them, conspire to fix, raise, maintain, and/or stabilize the prices of Air Conditioning January 1, 2001 to December 10, 2019 Climate Control, Inc., Denso directly or indirectly, a Systems in Canada Corporation, Denso International new or used and/or elsewhere America, Inc., Denso Automotive Vehicle during the Class Manufacturing Canada, Inc., containing an Air Period? Denso Sales Canada, Inc., Conditioning System; Calsonic Kansei Corporation, and/or (c) purchased Calsonic Kansei North America, for import into Canada, Inc., Xxxxxx Holdings a new or used Corporation, Xxxxxx International Automotive Steel TubesVehicle (USA) Inc., Xxxxxx Automotive containing an Air Climate Systems Corporation, Conditioning System. Xxxxxx Automotive Components Excluded Persons are Corporation, XXXXX Xxxx excluded from the GmbH & Co. KG, XXXXX Xxxx Ontario Settlement USA Inc., Panasonic Corporation, Class. Panasonic Corporation of North America, and Panasonic Canada, Inc.
A. All Persons in Canada who, during the Class Period, (a) purchased, directly or indirectly, Automotive Access Mechanisms; and/or Did the Settling Defendants, or any of them, conspire to fix, raise, maintain, and/or stabilize the prices of January 1, 2002 to June 2, 2020 (b) purchased or Automotive Access leased, directly or Mechanisms in indirectly, a new or Canada and/or used Automotive elsewhere during Vehicle containing the Class Period? Automotive Access Mechanisms; and/or (c) purchased for import into Canada, a new or used Automotive Vehicle containing Automotive Steel TubesAccess Mechanisms. Excluded Persons are excluded from the Ontario Settlement Class.
6. THIS COURT ORDERS that Gazarek Realty Holdings Ltd. (formerly known as DocuSign Envelope ID: DEB15E8F-E938-4D46-965E-3A6296FE4589 Ontario Superior Court of Justice Court File No. CV-14-506680- 00CP High Intensity Discharge Ballasts Siskinds LLP and Sotos LLP Sheridan Chevrolet Cadillac Ltd.) and 5045320 Ontario Ltd. (formerly known as , The Pickering Xxxxxxxxx Auto Mall Ltd., and Xxxx Xxxxxx Panasonic Corporation, Panasonic Corporation of North America, Panasonic Canada Inc., Xxxxxxx Electric Co., Ltd., Xxxxxxx Electric U.S. Co., Inc., II Xxxxxxx Co., Inc., Denso Corporation, Denso All Persons in Canada who, during the Class Period, (a) are appointed as the representative plaintiffs for the Settlement Class.
7. THIS COURT ORDERS that the following issue is common to the Settlement Class: purchased, directly or indirectly, a High Intensity Discharge Ballast; Did the Settling Defendants Defendants, or any of them, conspire to fix, raise, maintain, and/or stabilize the prices of Automotive Steel Tubes High July 1, 1998 to August 13, 2018 International America Inc., Denso and/or (b) purchased or Intensity Discharge Manufacturing Canada, Inc., leased, directly or Ballasts in Canada Denso Sales Canada, Inc., indirectly, a new or and/or elsewhere Mitsubishi Electric Corporation, used Automotive during the Class Mitsubishi Electric Automotive Vehicle containing a Period? If so, what America, Inc., Mitsubishi Electric High Intensity damages, if any any, did the Sales Canada Inc., Koito Discharge Ballast; Settlement Class Manufacturing Co. Ltd., North and/or (c) purchased Members suffer? The Honourable American Lighting, Inc. and for import into Canada, Ichikoh Industries, Ltd. a new or used Automotive Vehicle containing a High Intensity Discharge Ballast. Excluded Persons are excluded from the Ontario Settlement Class. DocuSign Envelope ID: DEB15E8F-E938-4D46-965E-3A6296FE4589 Ontario Superior Court of Justice Xxxxxxxx Court File No. CV-17CV-13-582447-478642- 00CP ONTARIO THE HONOURABLE JUSTICE XXXXXXXX ) ) Autolights Siskinds LLP and Sotos LLP Sheridan Chevrolet Cadillac Ltd., THE OF DAYThe Xxxxxxxxx Auto Mall Ltd., BETWEEN: Proceeding under the Class Proceedings Act, 1992, S.O. 1992, c. 6
(2) THIS MOTION made by the Ontario Plaintiffs for an Order approving the settlement agreement entered into with Sanoh Industrial and Xxxx Xxxxxx Koito Manufacturing Co., Ltd., Sanoh AmericaNorth American Lighting, Inc., Ichikoh Industries, Ltd., Xxxxxxx Electric Co., Ltd., Xxxxxxx Electric U.S. Co. Inc., II Xxxxxxx Co., Inc., Mitsuba Corporation, and Sanoh CanadaAmerican Mitsuba Corporation All Persons in Canada who, Ltd. during the Class Period, (the “Settling Defendants”a) and dismissing this action as against purchased, directly or indirectly, Autolights; and/or (b) purchased or leased, Did the Settling Defendants, was heard this day at Osgoode Hallor any of them, 000 Xxxxx Xxxxxx Xxxxconspire to fix, Xxxxxxx, Xxxxxxx. AND ON READING the materials filed, including the settlement agreement dated ⚫, attached to this Order as Schedule “A” (the “Settlement Agreement”), and on hearing the submissions of counsel for the Ontario Plaintiffs and counsel for the Settling Defendants; AND ON BEING ADVISED that the deadline for objecting to the Settlement Agreement has passed and there have been ⚫ written objections to the Settlement Agreement;
1. THIS COURT ORDERS that, in addition to the definitions used elsewhere in this Order, for the purposes of this Order, the definitions set out in the Settlement Agreement apply to and are incorporated into this Order.
2. THIS COURT ORDERS that in the event of a conflict between this Order and the Settlement Agreement, this Order shall prevail.
3. THIS COURT ORDERS that this Order, including the Settlement Agreement, is binding upon each member of the Settlement Class including those Persons who are minors or mentally incapable and the requirements of Rules 7.04(1) and 7.08(4) of the Rules of Civil Procedure, RRO 1990, Reg 194 are dispensed with in respect of the Ontario Action.
4. THIS COURT ORDERS that the Settlement Agreement is fair, reasonable and in the best interests of the Settlement Class.
5. THIS COURT ORDERS that the Settlement Agreement is hereby approved pursuant to section 29 of the Class Proceedings Act, 1992 and shall be implemented and enforced in accordance with its terms.
6. THIS COURT ORDERS that, upon the Effective Date, each member of the Settlement Class shall be deemed to have consented to the dismissal as against the Releasees of any Other Actions he, she or it has commenced, without costs and with prejudice.
7. THIS COURT ORDERS that, upon the Effective Date, each Other Action commenced in Ontario by any member of the Settlement Class shall be and is hereby dismissed against the Releasees, without costs and with prejudice.
8. THIS COURT ORDERS that, upon the Effective Date, subject to paragraph 10, each Releasor has released and shall be conclusively deemed to have forever and absolutely released the Releasees from the Released Claims.
9. THIS COURT ORDERS that, upon the Effective Date, each Releasor shall not now or hereafter institute, continueraise, maintain, intervene in or assertand/or stabilize the prices of Autolights June 1,1997 to April 2, either 2019. directly or indirectly, whether a in Canada and/or new or elsewhereused elsewhere during Automotive Vehicle the Class Period? If containing Autolights; so, on their own behalf or on behalf of any class or any other Personwhat damages, any proceedingand/or (c) purchased if any, cause of actiondid for import into Canada, claim or demand against any Releasee, or any other Person who may claim contribution or indemnity, or other claims over relief, from any Releasee, whether pursuant to the Negligence Act, RSO 1990, c. N. 1 or other legislation or at common law or equity in respect of any Released Claim.
10. THIS COURT ORDERS that the use of the terms “Releasors” and “Released Claims” in this Order does not constitute a release of claims by those members of the Settlement Class a new or used Members suffer? Automotive Vehicle containing Autolights. Excluded Persons and Persons who are resident included 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 Quebec Settlement Class who is resident in any province or territory where the release of one tortfeasor is a release of all tortfeasors covenants and undertakes not to make any claim in any way nor to threaten, commence, participate in or continue any proceeding in any jurisdiction against the Releasees in respect of or in relation to the Released Claims.
12. THIS COURT ORDERS that all claims for contribution, indemnity or other claims over, whether asserted, unasserted or asserted in a representative capacity, inclusive of interest, taxes and costs, relating to the Released Claims, which were or could have been brought in the Proceedings or any Other Actions, or otherwise, any named or unnamed co-conspirator that is not a Releasee, any Settled Defendant or any other Person or party against a Releasee, or by a Releasee against any named or unnamed co-conspirator that is not a Releasee, any Settled Defendant or any other Person or party, are barred, prohibited and enjoined in accordance with the terms of this Order.
13. THIS COURT ORDERS that for purposes of administration and enforcement of the Settlement Agreement and this Order, this Court will retain an ongoing supervisory role and the Settling Defendants attorn to the jurisdiction of this Court solely for the purpose of implementing, administering and enforcing the Settlement Agreement and this Order, and subject to the terms and conditions set out in the Settlement Agreement and this Order.
14. THIS COURT ORDERS that, except as provided herein, this Order does not affect any claims or causes of action that any members of the Settlement Class has or may have in excluded from the Ontario Action against any Person who is not a ReleaseeSettlement Class.
15. THIS COURT ORDERS that no Releasee shall have any responsibility or liability whatsoever relating to the administration of the Settlement Agreement; to administration, investment, or distribution of the Trust Account; or to the Distribution Protocol.
16. THIS COURT ORDERS that, in the event that the Settlement Agreement is terminated in accordance with its terms, this Order shall be declared null and void on subsequent motion made on notice.
17. THIS COURT ORDERS that, upon the Effective Date, the Ontario Action be and is hereby dismissed against the Settling Defendants, without costs and with prejudice.
Appears in 1 contract
Samples: Settlement Agreement
Date of Execution. (1) The Parties have executed this Settlement Agreement as of the date on the cover page. Name of Authorized Signatory: Xxxxx Xxxxxx Signature of Authorized Signatory: Siskinds LLP Ontario Counsel behalf and on behalf of the Settlement Class Classes that they propose to represent, by their counsel Name of Authorized Signatory: Xxxxx Xxxxxx for Xxxx-Xxxx Xxxxxxx Signature of Authorized Signatory: forXxxx Xxxx Xxxxxxx pp: Sotos Xxxxx LLP Ontario Counsel Name of Authorized SignatoryDocuSign Envelope ID: Signature of Authorized Signatory: Xxxxx Xxxxxx ABA4166C-C270-43FE-9A9B-1C91B26A2236 Ontario Superior Manual Siskinds LLP Ontario Counsel Name of Authorized Signatory: Xxxxx Xxxxxx for Xxxxxxxx Xxxxx Signature of Authorized Signatory: for: Camp Xxxxxxxx Xxxxxxxx Xxxxxxxx LLP BC Counsel Name of Authorized Signatory: Xxxxxx X. Xxxxxx Signature of Authorized Signatory: Xxxxxx Xxxxxx Xxxxxxx LLP Counsel for the Settling Defendants Ontario Siskinds LLP and Sheridan Maruyasu Industries Co., Chevrolet Yamada Manufacturing All Persons in Canada Superior Did the Settling September 1, Court of Justice Xxxxxxxx and Sotos LLP Chevrolet Cadillac Ltd., Curtis-Maruyasu The Co., Ltd., Yamada North who, during the Class of Justice Defendants conspire to fix, 2007, to Court File No. CV- Cadillac Ltd., and Columns LLP Pickering Auto Mall America, Inc., USUI Co.NSK Ltd., Period, (a) purchased, 17raise, maintain, or stabilize December 2, 15-582447- The Pickering Ltd. (F/K/A/ USAI 529853-00CP Ltd., and Fady NSK Americas, Inc., NSK directly or indirectly, 00CP (the Auto Mall Ltd. Kokusai Sangyo Kaisha Automotive Steel Tubesprices of Manual 2020. Xxxxxx Corporation, NSK Manual Steering Steering Columns in Steering Systems America, Columns; “Ontario Ltd.), USUI International and/or (b) Canada and/or elsewhere Inc., NSK Canada Inc., purchased or Action”) Corporationleased, Sanoh leasedduring the Class Period? If Xxxxxx Xxxxx XxxX, directly or Industrial Co., Ltd., indirectly, a so, what damages, if any Xxxxxx Xxxxx Automotive new or used Sanoh AmericaAutomotive did Settlement Class Steering GmbH, Inc.Xxxxxx Vehicle containing Members suffer? Bosch LLC, Automotive Vehicle Sanoh Canada, Ltd., containing Automotive JTEKT Corporation, Steel Tubesand Xxxxxx Manual Steering Bosch Inc. Columns; and/or (c) JTEKT North America purchased for import into Corporation and JTEKT Canada, a new or used Automotive North Automotive Vehicle America, Inc. containing Automotive Steel TubesManual Steering Columns. Excluded Persons are excluded from the Settlement Class. British Camp Xxxxxxxx Xxxxxx Xxxxx Ontario Superior Electric Siskinds LLP Sheridan Chevrolet JTEKT Corporation; Not applicable. Columbia Mogerman , All Persons in Canada Did the Settling January 1, Court of Justice Powered and Sotos Cadillac Ltd., The JTEKT North America Supreme Court Xxxxxxxx LLP Corporation; JTEKT S-191335 Automotive North (Vancouver who, during the Class Defendants conspire to fix, 2005 to Court File No. CV- Steering LLP Pickering Auto Mall America, Inc., Maruyasu RegistryNSK Ltd., Period, (a) (purchased, raise, maintain, or stabilize August 13, 14-506652-00CP Assemblies Ltd., Xxxx Xxxxxx, NSK Americas, Inc., NSK directly or indirectly, the Industries prices of Electric 2018 and Xxxxxx Xxxxxx Canada Inc., NSK Steering Electric Powered Powered Steering Systems Co., Ltd., NSK Steering Assemblies; “BC Action”) Xxxxxx-Xxxxxxxx Assemblies in Canada Steering Systems America, and/or (b) purchased or and/or elsewhere during Inc.; Sanoh Industrial Co. , Showa Corporation, leased, directly or the Class Period? If so, American Showa, Inc., indirectly, a new or used what damages, if any did Court and File No. Part Plaintiff(s)’ Counsel Plaintiff(s) Defendants Settlement Class Common Issues Class Period Showa Canada Inc., Automotive Vehicle Settlement Class Members Yamada Manufacturing containing Electric suffer? Co., Ltd.; Sanoh , and Yamada Powered Steering North America, Inc.Inc. Assemblies; Sanoh and/or (c) purchased for import into Canada, a new or used Automotive Vehicle containing Electric Powered Steering Assemblies. Excluded Persons are excluded from the British Columbia Manual Xxxxx Xxxx Xxxx Xxxxxx Manufacturing NA NA NA Supreme Court File Steering Lawyers LLP Co., Ltd.; USUI Co.; Ltd. , Yamada North No. S-153598 Columns America, Inc. (F/K/A/ USAI Kokusai Sangyo Kaisha Ltd.); and USUI International Corporation Vancouver Registry) Court File No. CV-17-582447-00CP ONTARIO • THE HONOURABLE ) , THE DAY JUSTICE XXXXXXXX ) ) OF , THE OF DAY, 2022 BETWEEN: Proceeding under the Class Proceedings Act, 1992, S.O. 1992, c. 6 ON READING the materials filed, including the settlement agreement with the Settling Defendants. dated as of ⚫, attached to this Order as Schedule “A” (the “Settlement Agreement”), and on reading the submissions of counsel for the Ontario Plaintiffs and Counsel for the Settling Defendants;
1. THIS COURT ORDERS that, for the purposes of this Order, except to the extent that they are modified in this Order, the definitions set out in the Settlement Agreement apply to and are incorporated into this Order.
2. THIS COURT ORDERS that the abbreviated, publication and long-form notices of settlement approval hearing are hereby approved substantially in the forms attached respectively hereto as Schedules “B” to “D”.
3. THIS COURT ORDERS that the plan of dissemination for the abbreviated, publication and long-form notices of settlement approval hearing (the “Plan of Dissemination”) is hereby approved in the form attached hereto as Schedule “E” and that the notices of settlement approval hearing shall be disseminated in accordance with the Plan of Dissemination.
4. THIS COURT ORDERS that the Ontario Action is certified as a class proceeding as against the Settling Defendants for settlement purposes only.
5. THIS COURT ORDERS that the “Settlement Class” is certified as follows: All persons in Canada who, during the Class Period, (a) purchased, directly or indirectly Automotive Steel Tubes and/or (b) purchased or leased, directly or indirectly, a new or used Automotive Vehicle containing Automotive Steel Tubes, and/or (c) purchased for import into Canada, a new or used Automotive Vehicle containing Automotive Steel Tubes. Excluded Persons are excluded from the Settlement Class.
6. THIS COURT ORDERS that Gazarek Realty Holdings Ltd. (formerly known as Sheridan Chevrolet Cadillac Ltd.) and 5045320 Ontario Ltd. (formerly known as The Pickering Auto Mall Ltd.) are appointed as the representative plaintiffs for the Settlement Class.
7. THIS COURT ORDERS that the following issue is common to the Settlement Class: Did the Settling Defendants conspire to fix, raise, maintain, and/or stabilize the prices of Automotive Steel Tubes in Canada and/or elsewhere during the Class Period? If so, what damages, if any did the Settlement Class Members suffer? The Honourable Justice Xxxxxxxx Court File No. CV-17-582447-00CP ONTARIO THE HONOURABLE JUSTICE XXXXXXXX ) ) , THE OF DAY, BETWEEN: Proceeding under the Class Proceedings Act, 1992, S.O. 1992, c. 6
(2) THIS MOTION made by the Ontario Plaintiffs for an Order approving the settlement agreement entered into with Sanoh Industrial Co., Ltd., Sanoh America, Inc., and Sanoh Canada, Ltd. (the “Settling Defendants”) and dismissing this action as against the Settling Defendants, was heard this day at Osgoode Hall, 000 Xxxxx Xxxxxx Xxxx, Xxxxxxx, Xxxxxxx. AND ON READING the materials filed, including the settlement agreement dated ⚫, attached to this Order as Schedule “A” (the “Settlement Agreement”), and on hearing the submissions of counsel for the Ontario Plaintiffs and counsel for the Settling Defendants; AND ON BEING ADVISED that the deadline for objecting to the Settlement Agreement has passed and there have been ⚫ written objections to the Settlement Agreement;
1. THIS COURT ORDERS that, in addition to the definitions used elsewhere in this Order, for the purposes of this Order, the definitions set out in the Settlement Agreement apply to and are incorporated into this Order.
2. THIS COURT ORDERS that this action is certified as a class proceeding as against the Settling Defendants for settlement purposes only.
3. THIS COURT ORDERS that the “Settlement Class” is defined as: All Persons in Canada who, during the Class Period, (a) purchased, directly or indirectly, [INSERT RELEVANT PART]; and/or (b) purchased or leased, directly or indirectly, a new or used Automotive Vehicle containing [INSERT RELEVANT PART]; and/or (c) purchased for import into Canada, a new or used Automotive Vehicle containing [INSERT RELEVANT PART]. Excluded Persons are excluded from the Settlement Class.
4. THIS COURT ORDERS that [INSERT RELEVANT REPRESENTATIVE PLAINTIFFS] are hereby appointed as the representative plaintiffs on behalf of the Settlement Class.
5. THIS COURT ORDERS that Xxxxxxxx LLP and Sotos LLP are hereby appointed as Class Counsel in this action.
6. THIS COURT DECLARES that the following claims are asserted on behalf of the Settlement Class:
(a) Claims for unlawful conspiracy pursuant to common law and s. 36 of the
7. THIS COURT DECLARES that the relief sought by the Settlement Class is:
(a) Damages in the amount of any unlawful overcharge.
8. THIS COURT ORDERS that the following issue is common to the Settlement Class: Did the Settling Defendants conspire to fix, raise, maintain, or stabilize the prices of [INSERT RELEVANT PART] in Canada and/or elsewhere during the Class Period? If so, what damages, if any did Settlement Class Members suffer?
9. THIS COURT ORDERS that the Settlement Class Members shall be given notice of the settlement approval hearing and the certification of this action in substantially the forms set out in Schedules “B” to “D” and in the manner set out in Schedule “E”.
10. THIS COURT ORDERS that if the Settlement Agreement is not approved, is terminated in accordance with its terms or otherwise fails to take effect for any reason, this Order, including certification for settlement purposes only, shall be set aside and declared null and void and of no force or effect without the need for any further order of this Court. The Honourable Justice Xxxxxxxx Court File No. CV-15-529853-00CP BETWEEN: Proceeding under the Class Proceedings Act, 1992, S.O. 1992, c. 6 - [INSERT NAME OF RELEVANT PART]-
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 the Settling Defendants in accordance with the terms thereof, and upon each member of the Settlement Class that did not validly opt out of this action, including those Persons who are minors or mentally incapable and the requirements of Rules 7.04(1) and 7.08(4) of the Rules of Civil Procedure, RRO 1990, Reg 194 Procedure are dispensed with in respect of the Ontario Actionthis action.
4. THIS COURT ORDERS that the Settlement Agreement is fair, reasonable and in the best interests of the Settlement Class.
5. THIS COURT ORDERS that the Settlement Agreement is hereby approved pursuant to section 29 of the Class Proceedings Act, 1992 and shall be implemented and enforced in accordance with its terms.
6. THIS COURT ORDERS that, upon the Effective Date, each member of the Settlement Class shall be deemed to have consented to the dismissal as against the Releasees of any Other Actions he, she or it has they have commenced, without costs and with prejudice.
7. THIS COURT ORDERS that, upon the Effective Date, each Other Action commenced in Ontario by any member of the 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 10paragraphs 10 and 11, each Releasor has released and shall be conclusively deemed to have forever and absolutely released the Releasees from the Released Claims.
9. THIS COURT ORDERS that, upon the Effective Date, each Releasor shall not now or hereafter institute, continue, maintain, intervene in or assert, either directly directly, indirectly or indirectlyotherwise, whether in Canada or elsewhere, on their own behalf or on behalf of any class or any other Person, any proceeding, cause of action, claim or demand against any Releasee, or any other Person who may claim contribution or indemnity, or other claims over relief, from any Releasee, whether pursuant to the Negligence Act, RSO 1990, c. N. 1 or other legislation or at common law or equity in respect of any Released Claim.
10. THIS COURT ORDERS that the use of the terms “Releasors” and “Released Claims” in this Order does not constitute a release of claims by those members of the Settlement Class who are resident in any province or territory where the release of one tortfeasor is a release of all tortfeasors.
11. THIS COURT ORDERS that, upon the Effective Date, each member of the Settlement Class who is resident in any province or territory where the release of one tortfeasor is a release of all tortfeasors covenants and undertakes not to make any claim in any way nor to threaten, commence, participate in or continue any proceeding in any jurisdiction against the Releasees in respect of or in relation to the Released Claims.
12. THIS COURT ORDERS that all claims for contribution, indemnity or other claims over, whether asserted, unasserted or asserted in a representative capacity, inclusive of interest, taxes and costs, relating to the Released Claims, which were or could have been brought in the Proceedings this action or any Other Actions, or otherwise, by any named or unnamed co-conspirator that is not a Releasee, any Settled Defendant or any other Person or party against a Releasee, or by a Releasee against any named or unnamed co-conspirator that is not a Releasee, any Settled Defendant or any other Person or party, are barred, prohibited and enjoined in accordance with the terms of this OrderOrder (unless such claim is made in respect of a claim by a Person who has validly opted out of this action).
13. THIS COURT ORDERS that for purposes of administration and enforcement of the Settlement Agreement and this Order, this Court will retain an ongoing supervisory role and the Settling Defendants attorn to the jurisdiction of this Court solely for the purpose of implementing, administering and enforcing the Settlement Agreement and this Order, and subject to the terms and conditions set out in the Settlement Agreement and this Order.
14. THIS COURT ORDERS that, except as provided herein, this Order does not affect any claims or causes of action that any members of the Settlement Class has or may have in the Ontario Action this action against any Person who is not a Releasee.
15. THIS COURT ORDERS that the Settlement Amount shall be held in the Trust Account by Xxxxxxxx LLP for the benefit of the Settlement Class Members.
16. 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.
1617. THIS COURT ORDERS that in the event that some of the Settlement Amount remains in the Trust Account after payment of Class Counsel Disbursements, Class Counsel Fees and Administrative Expenses, Class Counsel shall seek direction from this Court regarding the distribution of the remaining funds.
18. [IN MANUAL STEERING COLUMNS, INCLUDE:] THIS COURT ORDERS that the terms of this Order shall not be effective unless and until this order has been registered in British Columbia under the Enforcement of Canadian Judgments and Decrees Act, and the BC Action has been discontinued as against the Settling Defendants without costs. If such a discontinuance is not secured in British Columbia, this Order shall be null and void and without prejudice to the rights of the Parties to proceed with this action and any agreement between the Parties incorporated in this Order shall be deemed in any subsequent proceedings to have been made without prejudice.
19. THIS COURT ORDERS that, in the event that the Settlement Agreement is terminated in accordance with its termsterms or otherwise fails to take effect for any reason, this Order shall be declared null and void on subsequent motion made on noticeand of no force or effect without the need for any further order of this Court but with notice to the Class.
1720. THIS COURT ORDERS that, upon the Effective Date, the Ontario Action be and this action is hereby dismissed against the Settling Defendants, without costs and with prejudice.
Appears in 1 contract
Samples: Settlement Agreement
