Canada Settlement
Court File No. T -2607 -96
FEDERAL COURT - TRIAL DIVISION
BETWEEN:
TRINITARIAN BIBLE SOCIETY Plaintiff
and
THE TRINITARIAN BIBLE SOCIETY (CANADA)
and THE REGISTRAR OF TRADE-MARKS Defendants
- AND -
Court File No. 979/96
ONTARIO COURT (GENERAL DIVISION)
BETWEEN:
THE TRINITARIAN BIBLE SOCIETY (CANADA) Plaintiff
and
TRINITARIAN BIBLE SOCIETY;
GARY den BOER and PAUL ROWLAND Defendants
AND BETWEEN;
TRINITARIAN BIBLE SOCIETY Plaintiff by Counterclaim
and
THE TRINITARIAN BIBLE SOCIETY (CANADA) ROBERT ARTHUR BAKER, ANDREW R.G.
BAKER, FRED DAVID ELLIOTT, CARL MORAN ELLIOTT, RONALD EDWARD HANSEN and
JERRY HARVEY MATSON Defendants to the Counterclaim
MINUTES OF SETTLEMENT
The parties hereby agree to settle the proceedings and all issues outstanding
on the following terms and conditions:
1. The Court proceedings in the Ontario Court (General Division) (Court
File 979/96) (Orangeville) and the Federal Court (Court File T -2607-96)
shall be dismissed, without costs, on consent, upon all required approvals
of the within settlement and execution of all settlement documentation
and by no later than December 31, 2001.
2. The Trinitarian Bible Society (Canada) (hereinafter referred to as
"TBS (Canada)") shall cease to use the names "Trinitarian Bible Society
(Canada)" and "TBS" or any other name that may be construed to be confusingly
similar thereto effective as of August 31, 2002. TBS (Canada) may, at
its discretion, indicate in defining the ongoing organization under its
new name that it was "formerly known as The Trinitarian Bible Society
(Canada)" until no later than August 31, 2004.
3. Trinitarian Bible Society (hereinafter for reference purposes only
referred to as "TBS (UK)") shall not oppose TBS (Canada) in changing its
name or making application to the Registrar of Trade-marks under its new
name. TBS (Canada) intends to continue to operate under a new name with
a similar ministry and objectives.
4. TBS (Canada) shall, upon all required approvals of the within settlement
and execution of all settlement documentation and by no later than December
31, 2001, withdraw the Notice of Adoption of "Trinitarian Bible Society"
and "Trinitarian Bible Society (Canada)" as official marks pursuant to
the Section 9(1 )(iii) of the Trade-marks Act.
5. TBS (Canada) shall, upon all required approvals of the within settlement
and execution of all settlement documentation and by no later than December
31, 2001, withdraw any and all Trade-mark applications presently pending
before the Registrar of Trade-marks for "Trinitarian Bible Society" and
"Trinitarian Bible Society (Canada)", or any other name that may be construed
to be confusingly similar thereto.
6. TBS (Canada) shall not, either directly or indirectly, take any steps
to oppose any trademark applications presently pending or made in future
by TBS (UK) in respect of the names "Trinitarian Bible Society" and "TBS".
7 . TBS (UK) may, at its discretion, continue to operate as TBS or Trinitarian
Bible Society but it shall not use the trade-name Trinitarian or any variation
thereof incorporating the word "Canada" until August 31, 2004, but during
that period shall be free to indicate that it has a Canadian Branch but
not as a part of its trade-name.
8. Subject to paragraph 7, TBS (Canada) shall not object to the use or
registration by TBS (UK) or its authorized representatives of any trade-mark
or trade-name incorporating the word Trinitarian.
9. TBS (UK) and TBS (Canada) shall retain all property currently in their
possession and control, and each shall covenant and agree to make no further
claims or commence any proceedings In respect of any such property retained
by the other.
10 (a). Any pledge, donation, settlement of an inter vivos trust or testimonial
bequest made and received prior to these Minutes of Settlement shall accrue
to the benefit of the organization having received the pledge, donation,
settlement or bequest without further obligation to account.
10 (b ). Any pledge, donation, settlement of an inter vivos trust or
testimonial bequest made in Canada prior to August 31st, 2002, but received
thereafter by TBS (UK) or TBS (Canada) shall accrue to the benefit of
TBS (Canada) if in the name of TBS (Canada), TBS or Trinitarian Bible
Society unless a contrary intention is evidenced in writing.
10 (c). Any pledge, donation, settlement of an inter vivos trust or testimonial
bequest made after August 31st, 2002 and prior to August 31, 2004, in
the name of TBS (Canada) shall accrue to the benefit of TBS (Canada) unless
a contrary intention is evidenced in writing. Similarly, unless a contrary
intention is evidenced in writing, any instrument naming TBS (UK), TBS
or Trinitarian Bible Society made after August 31st, 2002 shall accrue
to the benefit of TBS (UK).
10 (d). Any pledge, donation, settlement of an inter vivos trust or testimonial
bequest made after September l, 2004, in the name of TBS (Canada) shall
accrue to the benefit of TBS (UK) unless a contrary intention is evidenced
in writing.
10 (e). TBS (UK) and TBS (Canada) shall advise members and supporters
of their respective organization of the provisions of this paragraph for
purposes of providing such persons with the opportunity to evidence any
intention of financial support in the future. The relevant address of
the organization (or its branch), if referred to by the donor, will be
deemed to be conclusive evidence of the donor's intentions.
11. Any dispute over the implementation or interpretation of these Minutes
of Settlement shall be dealt with by TBS (Canada) or TBS (UK) in the following
order:
(a) by discussions between members appointed by the
representative organizations;
(b) by non-binding, closed and confidential, mediation
using a Christian mediator mutually agreed upon by the organizations to
be conducted within 90 days, unless otherwise agreed, of notice in writing
of a request to mediate;
(c) by recourse to all legal rights and remedies available
to the parties.
12. By these Minutes of Settlement, TBS (Canada), Robert Arthur Baker,
Andrew R.A. Baker, Fred David Elliott, Carl Moran Elliott, and Jerry Harvey
Matson release TBS (UK), Gary Den Boer and Paul Rowland in respect of
all claims raised in Action No. 979/96 in the Ontario Superior Court of
Justice. By these Minutes of Settlement, TBS (UK), Gary den Boer and Paul
Rowland release TBS (Canada), Robert Arthur Baker, Andrew R.A. Baker,
Fred David Elliott, Carl Moran Elliot and Jerry Harvey Matson in respect
of all claims raised in Action No. T -2607 -96 in the Federal Court of
Canada and Action No. 979/96 in the Ontario Superior Court of Justice
13. The parties in executing these Minutes of Settlement are doing so
with the full expectation and intention of bringing a mutually acceptable
closure thus permitting each organization to fulfill its ministry. To
this end, TBS (UK) and TBS (Canada) will delete all existing material
on their respective web-sites referring to the litigation and related
issues, and shall publish the following statement:
"A settlement agreement has been signed subject to the required corporate
approvals, the terms of which will be disclosed when final approvals are
obtained."
TRINITARIAN BIBLE SOCIETY
| By: __________________ |
By: __________________ |
| Name : Paul Rowland |
Name: D. C. S. Cooke |
| Title: General Secretary |
Title: Accountant |
THE TRINITARIAN BIBLE SOCIETY (CANADA)
| By: __________________ |
By: __________________ |
| Name: J. Wenderoth |
Name: Jerry H. Matson |
| Title: President |
Title: Vice-President |
By: GARY den BOER
By: PAUL ROWLAND
By: ROBERT ARTHUR BAKER
By: ANDREW R.G. BAKER
By: FRED DAVID ELLIOTT
By: CARL MORAN ELLIOTT
By: JERRY HARVEY MATSON
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