Canadian Lawyer

42 J U L Y 2 0 1 6 w w w . C A N A D I A N L a w y e r m a g . c o m I NOTICE OF SETTLEMENT APPROVAL PLEASE READ THIS NOTICE CAREFULLY AS IT MAY AFFECT YOUR LEGAL RIGHTS TO CLASS MEMBERS: If you are a lawyer or paralegal 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 omson Reuters Canada Limited copied, used, or otherwise dealt with in connection with its Litigator service prior to April 28, 2016, you are a Class Member. e Ontario Divisional Court has approved a Settlement Agreement in the class action lawsuit commenced in Ontario relating to the use of court-filed documents by omson Reuters Canada Limited ("TRCL") in its Litigator legal research service. If you would like a copy of the Settlement Agreement, it is available at goldblattpartners.com. e plaintiff and TRCL have agreed to settle the lawsuit. 1. Summary of Settlement Agreement a. Communications Benefits TRCL has agreed, as part of the settlement, to improve its communications to customers in a number of respects. ese obligations are to last a maximum of 10 years from the Court Approval Date, and will include the following: • Subsequent to the Settlement Approval Date, prior to making any works not covered by this settlement available on Litigator, it 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 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 court-filed documents from claims of copyright by TRCL or its affiliates. b. Cy-Près Payment TRCL has agreed, as part of the settlement, to pay $350,000 to create a trust fund to benefit legal scholarship throughout Canada. e 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. is innovative program will increase access to justice, make public interest litigation more affordable, educate law students, and enhance the practice of law in Canada. c. Licence Pursuant to the Settlement Agreement, Class Members who do not opt out 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. e license does not assign or in any way affect those Class Members' ownership of copyright or moral rights in their works. 2. Opting Out If you do not want to be part of this settlement you may opt out by filling out the attached "opt out" form and sending it to the following address: TO: Goldblatt Partners LLP Attention: Tanya Atherford-Desilva 20 Dundas Street West, Suite 1100 Toronto, Ontario M5G 2G8 e deadline for opting out is August 11, 2016. If your written request to opt out is not received by that date you will be bound by the terms of the Settlement Agreement. is means that 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. 3. Legal Fees Pursuant to the Settlement Agreement, and the Court's approval, TRCL will pay Class Counsel (the lawyers for the Class Members) its legal fees of $825,000, inclusive of taxes and disbursements. Class Counsel has sought and obtained Court approval of its legal fees and will not seek additional payment for its future time spent or expenses incurred in the proceeding against TRCL. e Court has also approved a payment to amicus curiae in the amount of $53,501.04, to be paid by Class Counsel from its fees. 4. Important Deadlines August 11, 2016 – Deadline to Opt Out of Settlement 5. Interpretation If there is a conflict between the provisions of this Notice and the Settlement Agreement, the terms of the Settlement Agreement will prevail. You are entitled to, but not obliged to, hire your own lawyer to provide you with advice or assistance regarding your individual claim. If you do so, you will be responsible for paying that lawyer's legal fees. OPT OUT NOTICE You may opt out of this settlement by mailing this "opt out" form to the following address before August 11, 2016: Goldblatt Partners LLP Attention: Tanya Atherford-Desilva 20 Dundas Street West, Suite 1100 Toronto, Ontario M5G 2G8 Name: Firm: Email: Address: Postal Code: Telephone: By submitting this form, I confirm that I do not wish to be a Class Member in the class action lawsuit Lorne Waldman v. !omson Reuters Canada Limited. I understand that by opting out I will not be entitled to the benefits of the Settlement, including the right to enforce the communication obligations on the defendant, set out in the Settlement Agreement. I confirm that having chosen to opt-out of this class, I will receive no further communications from class counsel regarding this class action.

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