McLean v. Canada (Attorney General)

McLean v. Canada (Attorney General)

The IDSSA, read in text, context and by the parties' intentions, does not permit progressive disclosure or multiple claims at different levels; the temporary exception allowing updates due to COVID-19 ended June 15, 2020 and cannot be converted into a contractual right; the Moving Parties lack authority to obtain a class-wide declaration and the Court will not rewrite the approved settlement—therefore the motions are dismissed.

Citation
2021 FC 987
Parties
Plaintiff (respondent): Garry Leslie McLean; Plaintiff (respondent): Roger Augustine; Plaintiff (respondent): Claudette Commanda; Plaintiff (respondent): Angela Elizabeth Simone Sampson; Plaintiff (respondent): Margaret Anne Swan; Plaintiff (respondent): Mariette Lucille Buckshot; Defendant (respondent): Her Majesty the Queen in right of Canada as represented by the Attorney General of Canada; Moving Party: Jessie Waldron; Moving Party: Randy Kevin Pooyak; Intervener: Deloitte LLP
Court
Federal Court
Jurisdiction
Canada
Judgment Date
23 September 2021
Procedural Posture
Class Proceeding / Motions to Change Claim Levels and for Class Wide Declaration Regarding Documentation Under the IDSSA
Outcome
Motions dismissed without costs
Legal Topics
Settlement Agreement Interpretation, Claims Administration, Progressive Disclosure, Jurisdiction to Supervise Settlements, Implementation of IDSSA
Source Language
English
Class Actions Settlement Interpretation Administrative Law Indigenous Law Civil Procedure Settlement Agreement Interpretation Claims Administration Progressive Disclosure +2 more

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Parties

Garry Leslie McLean

Plaintiff (respondent)

Roger Augustine

Plaintiff (respondent)

Claudette Commanda

Plaintiff (respondent)

Angela Elizabeth Simone Sampson

Plaintiff (respondent)

Margaret Anne Swan

Plaintiff (respondent)

Mariette Lucille Buckshot

Plaintiff (respondent)

Her Majesty the Queen in right of Canada as represented by the Attorney General of Canada

Defendant (respondent)

Jessie Waldron

Moving Party

Randy Kevin Pooyak

Moving Party

Deloitte LLP

Intervener

Procedural Posture

Class Proceeding / Motions to Change Claim Levels and for Class Wide Declaration Regarding Documentation Under the IDSSA

Legal Issues

  1. 1 Whether Class Members may file more than one claim under the IDSSA
  2. 2 Whether the IDSSA permits progressive disclosure of additional narratives/documents after initial filing
  3. 3 Whether the Moving Parties have authority to seek a declaration on behalf of the Class

Ratio Decidendi

The IDSSA, read in text, context and by the parties' intentions, does not permit progressive disclosure or multiple claims at different levels; the temporary exception allowing updates due to COVID-19 ended June 15, 2020 and cannot be converted into a contractual right; the Moving Parties lack authority to obtain a class-wide declaration and the Court will not rewrite the approved settlement—therefore the motions are dismissed.

Court Disposition

Motions dismissed without costs

Orders

  • Motions dismissed without costs