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Month: December 2020

Court approves settlement agreement

The parties’ Settlement Agreement was approved today by the Hon. Justice Belobaba of the Ontario Superior Court of Justice.

Justice Belobaba accepted that the proceeding met the requirements for certification, and that the settlement was fair and reasonable.  Class members who did not validly opt out prior to November 20, 2020 are bound by the settlement.

Class members should read the Notice of Settlement Approval, which contains important information.

The settlement will be administered by RicePoint Administration Inc. RicePoint has set up the Primary Response settlement website. To be eligible for a payment, class members must submit an Administration Form to RicePoint within the deadline, which is 90 days after Final Approval. The deadline to submit the form is April 14, 2021.

PLEASE NOTE:  A copy of the Administration Form will be available on this website and at the RicePoint website shortly. The form in the motion record and order will be updated, so class members should wait until the updated form is available.

Justice Belobaba also approved class counsel fees and disbursements, and the administration of the class action by RicePoint.

Class members should stay tuned for further information and instructions.

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You can attend the settlement approval hearing

The Settlement Approval Hearing will take place via Zoom on December 15, 2020 at 10 a.m. before the Honourable Justice Belobaba.

Justice Belobaba will determine whether:

  • the class action will be certified
  • the settlement reached by the parties will be approved
  • the distribution protocol will be approved, and
  • the counsel fees and plaintiff honorarium will be approved

Members of the Class and public may attend the approval motion hearing, but are not required to. The Zoom link for the hearing is below.

You can read the plaintiff’s Motion Record hereYou can read the plaintiff’s Supplementary Motion Record here.

You can read the plaintiff’s factum here.

Zoom link:

Topic: Horner v. Primary Response

Time: Dec 15, 2020 10:00 AM Eastern Time (US and Canada)

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