ATTENTION FORMER MEMBERS OF POSITIVE LIVING SOCIETY
THIS NOTICE MAY AFFECT YOUR LEGAL RIGHTS
NOTICE OF CERTIFICATION AND SETTLEMENT
On September 4, 2020, Justice Milman of the Supreme Court of B.C. approved the certification and the settlement of the class action commenced in 2017 by “John Doe 1” on behalf of 796 members of Positive Living who were sent an email on September 14, 2016 from membership [@] positivelivingbc.org regarding the subject “Service Relevancy Study for Positive Living BC”, and whose email address was included in the cc field of the email (“the class”). The Defendants Positive Living Society, University of British Columbia and Providence Health Care Society have agreed to payment of $1.225 M to settle the claims of the Class members against the defendants, and to delivery by Positive Living of a Letter of Apology dated March 26, 2020 and distributed by email or by post to a majority of Class members.
If you are a member of the Class, your legal rights will be affected by the certification of this matter as a class action, and by this settlement. Please read this notice carefully.
Terms of Settlement
Under the settlement, members of the Class who received the September 14, 2016 email from Positive Living, and who submit a claim form, are entitled to a share of the settlement fund. In exchange, all members of the Class who do not opt out of the Class are deemed to have released the Defendants from any claims relating to the email of September 14, 2016.
How to Claim
If you believe you are a Class member, complete the Settlement Benefits Claim Form online at www.mnp.ca/positivelivingsettlement on or before March 31, 2021. Alternatively, the form can also be completed and submitted by post to the Claims Administrator on or before March 31st, 2021.
Forms can be submitted to the following address:
1500, 640 – 6 Ave SW
Calgary, AB T2P 3G4
Attention: Rick Anderson
RE: Positive Living Class action settlement
Preserving your individual claim (opting out)
If you are a class member but do not want to participate in the settlement, you must formally act to opt out of the Class by completing a Request for Exclusion available at www.mnp.ca/positivelivingsettlement or by calling 403-537-8424 and submitting it to the Claims Administrator on or before March 31, 2021. If you opt out of the Class, you are not entitled to any part of the settlement funds.
You may telephone the Claims Administrator, MNP Ltd., at 403-537-8424 or visit the Claims Administrator’s website in relation to the settlement at www.mnp.ca/positivelivingsettlement. You may also visit the website of Class counsel at Rosenberglaw.ca, under “Class Actions” – “Positive Living Privacy Breach Class Action” for more background information.