September 18, 2009
A notice of court approval of this settlement is to be published in The Globe & Mail, The National Post, La Presse and Le Journal du Quebec on September 19 and 26, and October 2, 2009, setting out the details of the settlement. A copy of this notice is accessible under the Documents link to the right of this page.
Under the settlement, the defendants have agreed to pay the all inclusive amount of $11,000,000 to members of the Class, less $4,000,000 in legal fees, claims administration costs, notice publication costs, certain charitable contributions, and a 10% levy payable to the Law Foundation of Ontario. The compensation owing to Class members will be determined on the basis of a points system. Briefly, a member’s entitlement to compensation will be calculated on the basis of a points system, which takes into account whether or not the Class member was remunerated for their work, the length of the work, and the publication in which the work first appeared.
The judgment approving the settlement, accessible under the Documents link to the right of this page, amended the Class definition by limiting claims to those of Creators of Works published prior to May 1, 2009.
Class members who do not wish to seek compensation or take advantage of the take-down benefit may opt out of this proceeding by filing written notice of their desire to opt out to class counsel by no later than November 2, 2009.
Class members who wish to file a claim or take advantage of the take-down benefit may do so by filing a claim form with the court-appoint claims administrator, Mr. William Dovey of Cole & Partners, by no later than January 18, 2010, at the following address:
80 Richmond Street West, Suite 2000
Toronto, Ontario, M5H 2A4
A copy of the claim form is accessible under the Documents link below.