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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