BC Proceeding definition
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.
Any member of the BC Settlement Class who has not validly opted-out of the BC Proceeding is bound by this Order and the Settlement Agreement.
This Order is binding upon each member of the BC Settlement Class who has not validly opted out of the BC Proceeding, including those persons who are minors or mentally incapable.
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.
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.
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.
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.
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.
The period to opt-out of the BC Proceeding has already expired pursuant to this Court’s orders pronounced July 11, 2014 and December 6, 2017, except for BC Settlement Class members who began accepting Visa and/or Mastercard Credit Cards after May 31, 2018 (the “New Merchants”).
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.