SCHEDULE "A"
Litigation Plan
Marihuana Medical Access Program Privacy Breach
as at December 3, 2021
DEFINITIONS
- "Action" means the proposed class proceeding commenced on November 25, 2013 in the Court bearing action number T-1931-13,
- "Administrator" means the person appointed by the Court to carry out the functions described in this Plan,
- "Administrator's Decision" means the Administrator's written decision on a Claimant's eligibility or entitlement in this Action,
- "Arbitrator" means a person appointed by the Court to review and adjudicate any appeals made of the Administrator's Decisions pursuant to this Plan,
- "Claimant" means a person that alleges he/she is a member of the Class and provides a completed Claim Form to the Administrator in the manner stipulated in this Plan,
- "Claim Form" means a claim form, in a form approved by the Court, to be completed by Claimants and submitted to the Administrator in order to determine Claimants' eligibility to participate in the procedure described herein,
- "Claims Deadline" means the date by which each Claimant must file Claim Form to be eligible for a remedy granted or approved by the Court,
- "Class" or "Class Members" means all persons who were sent a letter from Health Canada in November 2013 that had the phrase Marihuana Medical Access Program or similar French phrase visible on the front of the envelope,
- "Class Counsel" means the law firms of Branch MacMaster LLP, McInnes Cooper, Strosberg Sasso Sutts LLP, and Charney Lawyers PC,
- "Class Counsel Fees" means the fees, disbursements and taxes payable to Class Counsel as ordered by the Court,
- "Class Counsel Representative" means a person to represent the interests of the Class with respect to issues of general application relating to the damages assessment process,
- "Court" means the Federal Court of Canada,
- "Health Canada List" means Health Canada's list of Class Members whose Personal Information was disclosed as alleged in the Action, which list will be delivered to Class Counsel,
- "Notice" means notice to the Class of the certification of the Action as a class proceeding in the form set out in Appendix I to this Litigation Plan, proceeding in the form set out in Appendix I to this Litigation Plan,
- "Notice of Appeal" means written notice that a Claimant, the Defendant, or Class Counsel is appealing the Administrator's Decision,
- "Notice Plan" means the method of distributing the Notice described in paragraph 27(c) of this Plan,
- "Paper Claimant" means a Claimant that is granted permission by the Administrator to communicate with the Administrator by non-electronic means including, but not limited to, submitting a hard copy of his/her Claim Form to the Administrator,
- "Personal Information" means Class Members' name, address, health condition and association with Health Canada's Marihuana Medical Access Program,
- "Plan" means this litigation plan,
- "Reply" means a Claimant's concise statement of material facts provided in reply to the Defendant's Statement of Opposition,
- "Resolution Notice" means the notice of resolution of the common issues and further directions about the claims process,
- "Statement of Opposition" means a Defendant's concise statement of material facts provided in response to a Claim Form,
- "Website" means the website developed and maintained by Class Counsel at www.marijuanaclassaction.com, and
- "Website Claimant" means a Claimant that submits a Claim Form through the secure section of the Website.