Canadian Lawyer

NOTICE OF HEARING FOR APPROVAL OF PROPOSED SETTLEMENT PLEASE READ THIS NOTICE CAREFULLY AS IT MAY AFFECT YOUR LEGAL RIGHTS TO CLASS MEMBERS: If you are a lawyer or paralegal currently or formerly in private practice and licensed to practice law in Canada or a law firm or a lawyers' professional corporation and are an author or copyright owner of original legal documents filed in court that Thomson Reuters Canada Limited ("TRCL") copied, used, or otherwise dealt with in connection with its Litigator service, up until the date of the court approval in this matter, you are a Class Member or a proposed Class Member and may have your legal rights affected by the matters set out below. 1. Background In this action, the representative plaintiff, Lorne Waldman, alleged that TRCL infringed the copyright of the Class Members by using their works without their knowledge or consent in its Litigator Service on Westlaw Canada. By Order dated February 21, 2012, this action was certified as a class action on behalf of all lawyers and paralegals in private practice and licensed to practice law in Canada, who: (a) are the authors of the original legal documents filed in court that TRCL has copied, used, or otherwise dealt with in connection with its Litigator service, or (b) are the owners of the copyright in the original legal documents filed in court that TRCL has copied, used, or otherwise dealt with. Counsel to Mr. Waldman and the class is Sack Goldblatt Mitchell LLP ("SGM"). Notice of certification was suspended to permit the parties to engage in settlement discussions. The parties have now executed a Settlement Agreement in this proceeding. As a result, this notice is intended to advise Class Members and proposed Class Members of the settlement. Parties who seek to opt out of the class will have an opportunity to do so after the settlement approval hearing, described below. 2. Purpose of this Notice To be effective, the Settlement Agreement must be approved by the Court. As a Class Member, you have a right to take part in the approval hearing if you wish, as discussed below. This notice describes how you can do so. 3. Your Rights as a Class Member The Court will hold a settlement approval hearing on February 19, 2014 at the courthouse of the Ontario Superior Court of Justice at Osgoode Hall, 130 Queen Street West, Toronto. At this hearing, the Court will determine whether the Settlement Agreement is fair, reasonable and in the best interests of the Class Members. As a Class Member you have three options: (a) You can do nothing. The Court will decide whether the Settlement Agreement is fair, reasonable and in the best interests of the class without your participation. You will have an opportunity to opt out of the class after the Court has made this decision. (b) You can send submissions to SGM in support of the settlement, or against it. SGM will file these submissions with the Court in advance of the settlement approval hearing. All written submissions should be received by SGM by no later than February 12, 2014. All written submissions from Class Members that are received on time will be considered by the Court. (c) You can attend the settlement approval hearing, and make oral submissions in favour of, or against, the settlement. Notification of your intention to make submissions at the settlement approval hearing should be received by SGM by no later than February 12, 2014. If the Court approves the settlement, you will receive a further notice, and will have an opportunity to opt out of the class. 5. Cy-Près Payment TRCL has agreed, as part of the settlement, to pay $350,000 to create a trust fund to benefit lawyers, the public and legal scholarship throughout Canada. The fund will be available to assist practitioners who are engaged in public interest litigation, provided that the practitioner agrees to be assisted by a qualified law student enrolled in a complementary program offered by a Canadian law school. This innovative program will increase access to justice, make public interest litigation more affordable, educate law students, and enhance the practice of law across Canada. 6. Licence Pursuant to the Settlement Agreement, Class Members will provide TRCL with a non-exclusive licence permitting TRCL and its affiliates to make available Class Members' Publicly Filed Court Documents in Litigator or other Electronic Media. The license does not assign or in any way affect any Class Members' ownership of copyright or moral rights in their works. Pursuant to the Settlement Agreement, Class Members will also provide TRCL with a release over all claims relating to the use of court filed documents in electronic media. 7. Legal Fees Pursuant to the Settlement Agreement, TRCL will pay Class Counsel (the lawyers for the Class Members) its legal fees of $825,000, inclusive of taxes. Class Counsel will seek court approval for the legal fees and will not seek additional payment for its future time spent or expenses incurred in the proceeding against TRCL. If the Settlement Agreement is approved, the Court will determine the fee requests of Class Counsel. 8. Other At the time of the settlement approval hearing, the Court will also consider a motion to amend the certified class definition by including in the class definition law firms (including limited liability partnerships), and lawyers' professional corporations. 9. Release of Claims and the Effect on Other Proceedings If the Settlement Agreement receives Court approval, you will be bound by the terms of the Settlement Agreement unless you opt out by delivering written notice of your intention to opt out to Class Counsel. You need not determine whether you are opting out of the class until after the settlement approval hearing. However, unless you opt out, you will not be able to start or continue with any other claim or legal proceeding against TRCL in relation to the matters alleged in the class action lawsuit. If the Court approves the Settlement Agreement, you will receive information about how you can choose to opt out in a further notice. 10. Class Counsel The law firm of Sack Goldblatt Mitchell LLP represents all Class Members. Class Members may contact Tricia Brioux of Sack Goldblatt Mitchell LLP at 416-979-4233 or 1-800-387-5422 for more information, or go to www.trcopyright for a copy of the settlement agreement. 4. The Settlement TRCL has agreed, as part of the settlement, to improve its communications to customers in a number of respects. These obligations are to last a maximum of 10 years from the Court Approval Date, and will include the following: 11. Interpretation If there is a conflict between the provisions of this Notice and the Settlement Agreement, the terms of the Settlement Agreement will prevail. The Settlement Agreement is available online at www.trcopyright.com. • prior to making any works not covered by this settlement available on Litigator, TRCL will provide notice to the lawyers or paralegals named as counsel on the documents, that it intends to make use of their work, and that it will refrain from making that work available on Litigator if it receives an objection from those counsel; • TRCL will include a provision in the Terms and Conditions indicating that users acknowledge that certain of the material available may be the subject of third party copyright; • it will amend its websites (carswell.com and westlawcanada.com) to indicate that users are required to abide by the Copyright Act; and • it will leave in place amendments to the copyright notices on Litigator to exempt o v e m led / D e c e m e r 0 1 3 22 Ncourt-fib e rdocumentsbfrom2claims ofwcopyright A D TRCLaor its affiliates.c o m w w . C A N by I A N L w ye r m a g . PUBLICATION OF THIS NOTICE HAS BEEN AUTHORIZED BY THE ONTARIO SUPERIOR COURT OF JUSTICE

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