Definitions

Claim means the electronic form that a Settlement Class Member must complete and submit before the Claims Filing Deadline in order to be considered for settlement benefits under this Distribution Protocol.

Claims Administrator means Trilogy Class Action Services.

Claims Filing Deadline means the date by which Claims (and any required supporting documentation) must be electronically submitted in order for Settlement Class Members to be considered for settlement benefits under this Distribution Protocol, which date shall be four (4) months after the first publication of the notice advising Settlement Class Members of the claims process (September 16, 2019).

Class Counsel means Sotos LLP.

Class Period means between January 1, 2013 and May 25, 2016.

Court means the Ontario Superior Court of Justice.

Decision Notice shall have the meaning attributed to it in paragraph 25.

Deposited Coins means the value of the coins deposited into a TD Bank Coin Counting Machines by a Settlement Class Member during the Class Period as evidenced by supporting documentation, such as receipts or bank statements, as determined by the Claims Administrator and subject to the minimum value described in paragraph 7.

Net Settlement Funds means the aggregate of the Settlement Amount recovered pursuant to the Settlement Agreement, plus accrued interest, less:

  1. Class Counsel Fees as approved by the Court;
  2. taxes accruable with respect to the income earned on the Settlement Amount prior to distribution (including interest and penalties); and
  3. any other deductions approved by the Court.

Settlement Agreement has the meaning attributed to it in paragraph 1.

Settlement Class Members means all persons who used TD Bank’s Coin Counting Machines in Canada during the Class Period. The following persons are excluded:

  1. The Defendant and its respective parents, subsidiaries, affiliates, officers and directors; and
  2. Persons who validly and timely opted out of the proceeding.

TD Bank means the Defendant, The Toronto Dominion Bank.