DEFINITIONS PURSUANT TO THE SETTLEMENT AGREEMENT

For the purposes of the Settlement Agreement, including the Recitals hereto:

  1.  “Action” means the action styled Jane Doe (#7), John Doe (#10) and John Doe (#11) v. Her Majesty in Right of Newfoundland and Labrador, and bearing Supreme Court of Newfoundland and Labrador General Division File No. 2017 01G 2568 CP, and pleaded in the Statement of Claim and the Amended Statement of Claim;
  2.  “Administration Costs” means the fees and disbursements of the Claims Administrator, inclusive of all applicable taxes.
  3. “Amended Statement of Claim” means the Amended Statement of Claim in the Action that the Plaintiffs filed on September 10, 2019;
  4. “Claims Period” means the period ending twelve (12) months after the Effective Date;
  5. “Claims Administrator” means Trilogy Class Action Services;
  6. “Class” and “Class Members” means all persons, except Excluded Persons, who were subjected to misconduct of a sexual nature by a Delegate or a fellow resident of the Institutions while the Class Member was resident at, or attended for any period of time, one or more of the Institutions during the Class Period.  The Class includes the Plaintiffs;
  7. “Class Counsel” means Morris Martin Moore Lawyers of Mount Pearl;
  8. “Class Counsel Disbursements” means the disbursements incurred by Class Counsel in the prosecution of the Action, as approved by the Court, inclusive of any applicable taxes, interest, or charges, but less any amounts paid by the Defendant for the distribution of notice to Class Members;
  9. “Class Counsel Fees” means the legal fees of Class Counsel, as approved by the Court, inclusive of any applicable taxes, interest, or charges;
  10. “Class Period” means May 1, 1973 to June 28, 1989;
  11. Class Actions Act means the Class Actions Act, S.N.L. 2001, c. C-18.1;
  12. “Court” means the Supreme Court of Newfoundland and Labrador General Division;
  13. “Delegates” mean the officers, employees, servants, contractors, agents, and volunteers of, or affiliated with, the Defendant, including but not limited to the officers, employees, servants, contractors, agents, and volunteers of the Institutions;
  14. “Distribution Protocol” means the protocol for the distribution of the Net Settlement Funds that is approved by the Court. The Parties’ proposed form of Distribution Protocol is attached hereto as Schedule A.  The costs of the Distribution Protocol will be paid from the Settlement Funds.
  15. “Effective Date” means the date upon which the Court order approving the Settlement Agreement becomes a Final Order;
  16. “Excluded Persons” means:
    1. all persons who have executed a release to the benefit of the Defendant for any of the claims asserted in the Action;
    2. all persons who, as of the date of the Certification Order, did not make their primary residence in the Province of Newfoundland and Labrador, and who did not opt into the Action in accordance with the Certification Order;
    3. all persons who opted out of the Action in accordance with the Certification Order; and
    4. all persons who died before March 10, 2022.
  17. “Execution Date” means the date on which the last of the Parties signs this Settlement Agreement;
  18. “Final Order” means the time to appeal an order has expired without any appeal being commenced, or if an appeal was commenced, all appeals have been resolved and any time period for a further appeal has expired without any appeal being commenced;
  19. “Honoraria” means the amount, if any, up to $25,000, inclusive of taxes and interest, approved by the Court for payment by the Defendant to each of the Plaintiffs Jane Doe (#7), John Doe (#10), and John Doe (#11) for their services to the Class as representative plaintiffs;
  20. “Institutions” means the following facilities, which housed minors and were operated by the Defendant in the Province of Newfoundland and Labrador during part or all of the Class Period:
    1. the facility known as the “Whitbourne Training School” and also known as, inter alia, the “Whitbourne Youth Center,” “the Boys’ Home,” “the Boys’ Home and Training School,” and “the Whitbourne School for Boys” and which was, at different times, located at the Town of Whitbourne, in the Province of Newfoundland and Labrador;
    2. the facility known as “the Pleasantville Training School,” and also known as, inter alia, “the Girl’s Home,” “the Girls’ Home and Training School,” and “the Pleasantville School for Girls” and which was, at different times located at the Town of Torbay and the City of St. John’s, in the Province of Newfoundland and Labrador; and
    3. the facility known as the “St. John’s Youth Centre,” which was located in the City of St. John’s, in the Province of Newfoundland and Labrador.
  21. “Net Settlement Funds” means the Settlement Funds less Class Counsel Fees, Class Counsel Disbursements, Administration Costs, costs of the Notice Plan that are not paid out of the Notice Administration Fund, costs of the Distribution Protocol, and any other expenses that are approved by the Court.
  22. “Notice” means the form or forms of notice, substantially as agreed to by the Parties and  approved by the Court, which inform(s) the Class Members of:
    1. the principal elements of the Settlement;
    2. the date and location of the hearing of the Settlement Approval Application;
    3. the Class Counsel Fees and Class Counsel Disbursements to be requested by Class Counsel; and
    4. the process for objecting to the Settlement should any Class Member(s) wish to do so.
  23. “Notice Administration Fund” means a maximum of $250,000, inclusive of taxes and interest, that the Defendant will reimburse Class Counsel for the reasonable costs of implementing the Notice Plan;
  24. “Notice Approval Application” means the application for an Order:
    1. approving the Notice;
    2. approving the Notice Plan; and
    3. such other relief as the Parties may request.
  25. “Notice Plan” means the manner in which the Court orders that Class Counsel are to distribute Notice and Settlement Approval Notice and it shall constitute adequate notice to Class Members of the hearing of the Settlement Approval Application and the approval of the Settlement. The Parties’ proposed Notice Plan is attached hereto as Schedule B. The costs of the Notice Plan will be paid first from the Notice Administration Fund, and thereafter as Settlement Administration Expenses.
  26. “Parties” means the Plaintiffs and the Defendant, each being a party to this Settlement Agreement;
  27. “Released Claims” means any and all manner of claims, demands, actions, suits, causes of action, whether class, individual, representative or otherwise in nature, whether personal or subrogated, damages of any kind including compensatory, punitive or other damages, whenever incurred, liabilities of any nature whatsoever, including interest, costs, expenses, class administration expenses, penalties, and lawyers’ fees (including Class Counsel Fees and Class Counsel Disbursements), known or unknown, suspected or unsuspected, foreseen or unforeseen, actual or contingent, and liquidated or unliquidated, in law, under statute or at equity, that the Releasors, or any of them, whether directly, indirectly, derivatively, or in any other capacity, ever had, now have or hereafter can, shall or may have, relating in any way to any conduct, at any time, relating to the subject matter of the Action, or which could have been alleged in respect of the subject matter in the Action, including, without limitation, any such claims which have been asserted, or could have been asserted, directly or indirectly, as a result of or in connection with any sexual misconduct related to the Institutions during the Class Period, directly or indirectly, including claims for vicarious liability, or any concealment of such claims.  The Released Claims do not include the Defendant’s obligations to make payment under this Settlement Agreement;
  28. “Releasees” means, jointly and severally, individually and collectively, the Defendant and its respective present and former, direct and indirect, ministries, departments, divisions, affiliates, Delegates, insurers, and all other persons, partnerships or corporations with whom any of the former have been, or are now, affiliated, and all of their respective past, present and future officers, employees, agents, employed or retained lawyers, servants and representatives; and the predecessors, successors, heirs, executors, administrators and assigns of each of the foregoing;
  29. “Releasors” means, jointly and severally, individually and collectively, the Plaintiffs and the Class Members and their respective successors, heirs, executors, administrators, trustees, assigns, and any person entitled to claim damages as a family member of any of the foregoing;
  30. “Settlement” means the settlement provided for in this Settlement Agreement;
  31. “Settlement Agreement” means this agreement, including the Recitals hereto;
  32. “Settlement Approval Application” means the application to the Court for an order:
    1. approving the Settlement;
    2. approving the manner of distribution of the Settlement Funds;
    3. dismissing the Action with prejudice and without costs;
    4. determining the amount of Class Counsel Fees and Class Counsel Disbursements payable;
    5. determining the amount and recipient(s) of the Honoraria, if any; and
    6. such other relief as the Court may deem just.
  33. “Settlement Approval Notice” means the form or forms of notice, substantially as approved by the Court, which inform(s) the Class Members of:
    1. the principal elements of the Settlement;
    2. the manner in which they can make a claim on the Net Settlement Funds;
    3. the Claims Period and the deadline to make a claim on the Net Settlement Funds;
    4. the contact information of Class Counsel.
    The Parties shall agree on the forms of Settlement Approval Notice, subject to Court approval, and failing agreement the Court will order the forms of Settlement Approval Notice;
  34. “Settlement Funds” means $12,500,000, inclusive of interest, taxes, and any other charges;
  35. “Statement of Claim” means the statement of claim issued by the Court in the Action on July 7, 2017.
  36. “Trust Funds” means the Settlement Funds, the Notice Administration Fund, and $75,000 for the payment of any Honoraria, all of which was paid by the Defendant to Class Counsel and held in trust by Class Counsel to be distributed in accordance with this Settlement Agreement.