For the purpose of this Administration and Distribution Protocol the defined terms have the same meaning as in the Settlement Agreement, executed on August 21, 2020, unless otherwise specified.
Action or Proposed Class Action means the proposed class proceeding commenced by Stephen Aps by way of Statement of Claim in the Ontario Superior Court of Justice under Court File No. CV-19-00614755-00CP, as amended, including any and all claims made therein.
Administration Expenses means all fees, disbursements, expenses, costs, taxes, and any other amounts incurred or payable by the Plaintiff, Class Counsel or otherwise for the approval, implementation, and operation of this Settlement Agreement, including the costs of notices and translation and the costs of the Claims Administrator, but excluding Class Counsel Fees and Class Counsel Disbursements;
Administration Form means the form provided for in the Court documents inclusive of any electronic version;
Applicable Employment Standards Legislation means Employment Standards Code, R.S.A. 2000, c. E-9 (Alberta); Employment Standards Act, R.S.B.C. 1996, c. 113 (British Columbia); Employment Standards Code, C.C.S.M. c. E110 (Manitoba); Labour Standards Act, R.S.N.L. 1990, c.L-2 (Newfoundland); Labour Standards Code, 1989, R.S.N.S. c. 246 (Nova Scotia); Employment Standards Act, 2000, S.O. 2000, c. 41 (Ontario); The Saskatchewan Employment Act, S.S. c.S-15.1 (Saskatchewan); and their respective regulations.
Claim Fund means the Settlement Amount remaining after deductions in respect of Class Counsel Fees, Class Counsel Disbursements, Administrative Holdback, Representative Plaintiff Honorarium, and Holdback for Taxes;
Claims means any and all actions, causes of action, claims, complaints, debts, demands, liabilities, suits or other proceedings of any kind or nature whatsoever and howsoever arising, whether in law, equity, contract, extra-contractual liability (including negligence), obligations or otherwise, whether express or implied and whether presently known or unknown, including any proceedings under any statute, and in particular, but without limiting the generality of the foregoing, any and all claims up to the Effective Date that were advanced in the Action or could have been advanced in the Action;
Claims Administrator means the firm appointed by Class Counsel, and approved by the Defendant and the Court, to administer the Claim Fund in accordance with the provisions of this Settlement Agreement;
Claims Administrator Appointment Date means the date Class Counsel advises the Defendant of the appointment of the Claims Administrator;
Claims Deadline means the date by which Class Members must submit Administration Forms;
Class means all current or former Travel Consultants employed by Flight Centre in the Provinces of Ontario, British Columbia, Alberta, Saskatchewan, Manitoba, Nova Scotia and Newfoundland, for the period from December 2008 to the date certification is granted in this action;
Class Counsel means Goldblatt Partners LLP;
Class Counsel Disbursements include the disbursements and applicable taxes incurred by Class Counsel in the prosecution of the Action;
Class Counsel Fees means the fees of Class Counsel, and any applicable taxes;
Class Member means a member of the Class;
Class Period means December 2008 to the date of certification;
Counsel for Flight Centre means Norton Rose Fulbright Canada LLP;
Court means the Ontario Superior Court of Justice;
Date of Execution or Execution Date means the date this Settlement Agreement is signed by all of the parties;
Defendant means Flight Centre Travel Group (Canada) Inc.;
Distribution Protocol means the protocol developed by Class Counsel for the distribution of amounts from the Settlement Amount to the Class
Members and agreed to by the Defendant or directed by Joel Wiesenfeld, in accordance with Section 25;
Effective Date means the date when the Order received from the Court approving this Settlement Agreement has become a Final Order;
Final Order means a final order, judgment or equivalent decree entered by the Court approving this Settlement Agreement in accordance with its terms, once the time to appeal such order has expired without any appeal being taken, if an appeal lies, or if the order is appealed, once there has been affirmation of the order upon a final disposition of all appeals, and Final Approval shall have a corresponding meaning;
Flight Centre means the Defendant, Flight Centre Travel Group (Canada) Inc.;
Notification Letter means the letter, email or text message provided to each Class Member describing their relative share of the Claim Fund as determined by the Claims Administrator;
Opt-Out Threshold means the number of class members, excluding any class members who already filed an employment standards claim as of the date of the signing of the Term Sheet, July 23, 2020, as outlined in the Term Sheet and disclosed to the Court on a confidential basis;
Plaintiff means Stephen Aps, or any other person approved by the Court as the representative plaintiff in this proceeding;
(v) Releasees means the Defendant and all of its respective parents, associates, affiliates or related persons (as such te1ms are defined by the Ontario Business Corporations Act), which shall includes, for greater specificity, the Defendant's parent, Flight Centre Travel Group Limited, and all predecessors, successors or assigns thereof, and all of their respective directors, officers, servants, employees, advisors and agents (both individually and in their official capacities with any of the preceding entities);
Post-limitation Period means any time worked in the Class Period on February 21, 2017 or thereafter;
Pre-limitation Period means any time worked in the Class Period prior to February 21, 2017;
Referee means Mika Imai at Karimjee Law;
Relative Share means the proportion of the Claim Fund that an individual Class Member will be entitled to.
Releasors means the Plaintiff and Class Members, for themselves, their heirs executors, successors and assigns;
Remaining Fund means any funds remaining from the Settlement Amount after deduction and payment of Class Counsel Fees, Class Counsel Disbursements, Administrative Holdback, Representative Plaintiff Honorarium, Holdback for Taxes, and distribution to Class Members pursuant to the Distribution Protocol (i.e., stale cheques where reasonable efforts to locate a Class Member have been exhausted);
Representative Plaintiff Honorarium means an honorarium for Stephen Aps in the amount of $10,000, or such lesser amount, subject to approval by the Court;
Settlement Amount means $7,000,000.00;
Timekeeping System means a system to track and record the daily hours of work of employees for the purpose of determining the employees' actual hours of work and, among other things, determining overtime hours in accordance with the applicable employment standards legislation in each province the Defendant operates in;
Trust Account means a guaranteed investment vehicle, liquid money market account or equivalent security with a rating equivalent to or better than that of a Canadian Schedule I bank (a bank listed in Schedule I of the Bank Act, S.C. 1991,c. 46) held at a Canadian financial institution, as provided for in this Settlement Agreement.