Examples of BC Proceeding in a sentence
Unless a Court orders otherwise, motions for directions that do not relate solely to matters affecting the BC Proceeding or the Quebec Proceeding shall be determined by the Ontario Court.
Class Counsel and the Plaintiffs acknowledge their obligation pursuant to paragraph 32 of the BC Protective Order to return or destroy Documents following the termination of the BC Proceeding.
No Class Counsel, nor anyone currently or hereafter employed by or a partner with Class Counsel, may directly or indirectly participate or be involved in or in any way assist with respect to any claim made or action commenced by any Person against the Defendants which relates to or arises from the Released Claims, except if the BC Proceeding is not certified, the continuation of the claims asserted in such Proceedings on an individual basis or otherwise.
The BC Proceeding shall be dismissed with prejudice and without costs as against the Defendants.
The Parties agree that the BC Proceeding shall be certified as a class proceeding as against the Defendants solely for purposes of settlement of the BC Proceeding and the approval of this Settlement Agreement by the Court.
Defendants will consent to the certification of a class action in this BC Proceeding consisting of the BC Class (as defined below) for settlement purposes only, whereby there will be (i) a subclass of Class Members resident in British Columbia, each of whom must opt out of the BC Class to not be bound by the settlement and dismissal, and (ii) a subclass of Class Members resident in other Canadian provinces or territories who opt in to this Settlement pursuant to s.
Xxxxxxxx Xxxxxxxx will commence the Quebec Proceeding as a proposed class proceeding; WHEREAS the BC Proceeding was discontinued by consent against the former Defendants Shinko Metal Products Co., Ltd.
Upon the execution of the Settlement Agreement, Class Counsel shall use their best efforts to implement its terms and to secure the prompt, complete and final dismissal, with prejudice, of the BC Proceeding against the Defendants and to secure the prompt and complete discontinuance with prejudice, of the Ontario Action, with leave of the Ontario Court, and without costs to the Defendants.
As soon as practicable after the Date of Execution, the Plaintiff shall bring an application before the Court, for orders certifying the BC Proceeding for settlement purposes only and approving the Notice.
Moreover, Class Counsel or anyone currently or hereafter employed by or a partner with Class Counsel may not divulge to anyone for any purpose any information obtained in the course of the BC Proceeding or the negotiation and preparation of this Settlement Agreement, except to the extent such information was, is or becomes otherwise publicly available or unless ordered to do so by a court.