Common use of Motions Seeking Approval of the Settlement Clause in Contracts

Motions Seeking Approval of the Settlement. (1) As soon as practicable after the orders referred to in subsection 2.2(1) have been granted and the Notice of Certification and of Approval Hearings has been published, and subject to subsection 2.3(2), the Plaintiffs shall bring motions before the Courts for orders approving this Settlement Agreement. (2) The motions required by subsection 2.3(1) may be filed in Quebec, British Columbia and Ontario at the same time but, unless the Courts require otherwise or the motions proceed by way of a joint hearing of the Courts, the Plaintiffs shall not proceed to a hearing of the motions in Quebec and British Columbia until the Ontario Court has heard and granted the motion. (3) The Ontario order approving this Settlement Agreement shall be substantially in the form attached as Schedule “C”. The Québec and BC orders approving this Settlement Agreement shall be agreed upon by the Parties and shall mirror the substance and, where possible, the form of the Ontario order. (4) This Settlement Agreement shall only become final on the Effective Date.

Motions Seeking Approval of the Settlement. (1) As soon as practicable after the orders referred to in subsection 2.2(1) have been granted and the Notice of Certification and of Approval Hearings has been published, and subject to subsection 2.3(2), the The Plaintiffs shall bring motions before the Courts for orders approving this Settlement AgreementAgreement as soon as practicable after: (a) the orders referred to in Section 2.2(2) are granted; (b) the notices described in Section 11.1(1) have been published; and (c) the deadline for objecting to the Settlement Agreement has expired. (2) The motions required by subsection 2.3(1) may be filed in Quebec, British Columbia and Ontario at the same time but, unless the Courts require otherwise or the motions proceed by way of a joint hearing of the Courts, the Plaintiffs shall not proceed to a hearing of the motions in Quebec and British Columbia until the Ontario Court has heard and granted the motion. (3) The Ontario order approving seeking approval of this Settlement Agreement shall be substantially in the form attached as Schedule “C”. C. The Québec BC and BC Quebec orders approving seeking approval of this Settlement Agreement shall be agreed upon by the Parties and shall mirror the substance andshall, where possible, mirror the substance and form of the Ontario order. (3) The Plaintiffs can elect to request that the Courts hold joint hearings seeking certification or authorization and approval of this Settlement Agreement pursuant to the Canadian Bar Association’s Canadian Judicial Protocol for the Management of Multijurisdictional Class Actions. The Settling Defendant will not oppose any such request. (4) This Settlement Agreement shall only become final on the Effective Date.