A.B v. Canada
- Citation
- 2024 FC 2060
- Status
- Judgment
- Jurisdiction
- Canada
- Court
- Federal Court
- Decision
- 20 December 2024
- Posture
- Class Proceeding / Certification and Settlement Approval
- Language
- English
More details
- Court
- Federal Court
- Decision
- 20 December 2024
- Posture
- Class Proceeding / Certification and Settlement Approval
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court granted certification and approved the Final Settlement Agreement because the plaintiffs satisfied the certification criteria and the settlement met the statutory standard of being fair, reasonable and in the best interests of the class under Rule 334.29; accordingly the court certified the class as defined, approved the settlement and its implementation, appointed Deloitte LLP as Claims Administrator, approved honoraria and Class Counsel fees and ordered that there be no costs of the motion.
Court disposition
Motion to certify granted and Final Settlement Agreement approved on consent
Orders
- The Motion to certify this as a Class Proceeding is granted.
- The Class is defined as: "All persons who are or who have been enrolled as Canadian Armed Forces (CAF) Members at any time from April 17, 1985, and for any duration up to and including the Approval Date, and who assert that they have been subjected to Racial Discrimination and/or Racial Harassment."
- The Final Settlement Agreement dated June 6, 2024, is fair and reasonable and in the best interests of the Class and is approved pursuant to Rule 334.29 of the Federal Courts Rules, SOR/98-106, and shall be implemented in accordance with its terms.
- Deloitte LLP is appointed as Claims Administrator.
- Payments of honoraria as set out in Article 14 of the Final Settlement Agreement are approved.
- Class Counsel legal fees and disbursements are approved and shall be paid in accordance with Article 15 of the Final Settlement Agreement.
- There will be no costs of this motion.
02
Material facts
Parties
A.B.
PlaintiffJean-Pierre Robillard
PlaintiffHis Majesty the King
Defendant03
Procedural history
Posture
Class Proceeding / Certification and Settlement Approval
04
Questions and positions
Legal issues
- 01
Whether the action should be certified as a class proceeding
- 02
Whether the proposed class definition is appropriate
- 03
Whether the Final Settlement Agreement is fair, reasonable and in the best interests of the class
- 04
Whether the proposed claims administrator should be appointed
- 05
Whether honoraria and Class Counsel fees and disbursements should be approved
- 06
Whether costs should be awarded for the motion
Party arguments
- Applicant
- The plaintiffs moved, on consent, for certification of the action as a class proceeding, for approval of the Final Settlement Agreement dated June 6, 2024 as fair, reasonable and in the best interests of the Class, for appointment of Deloitte LLP as Claims Administrator, for approval of honoraria under Article 14 and for approval and payment of Class Counsel legal fees and disbursements under Article 15.
- Respondent
- The defendant (His Majesty the King) consented to the motion and did not oppose certification, approval of the settlement, appointment of the claims administrator, approval of honoraria or approval of Class Counsel fees; there was no contest to the orders sought.
05
Court’s reasoning
Legal principles
- 01
Federal Courts Rules, SOR/98-106, Rule 334.29
Settlement approval requires the court to be satisfied the agreement is fair, reasonable and in the best interests of the class
- 02
Federal Court jurisprudence on class certification
Class certification requires an identifiable class, common issues, preferable procedure, representative plaintiffs who are adequate, and that common issues predominate or are suitable for class treatment
- 03
Class action practice and the Final Settlement Agreement
Court may appoint a claims administrator and approve administrative arrangements as part of settlement implementation
06
Ratio, limits and disposition
Ratio decidendi
The court granted certification and approved the Final Settlement Agreement because the plaintiffs satisfied the certification criteria and the settlement met the statutory standard of being fair, reasonable and in the best interests of the class under Rule 334.29; accordingly the court certified the class as defined, approved the settlement and its implementation, appointed Deloitte LLP as Claims Administrator, approved honoraria and Class Counsel fees and ordered that there be no costs of the motion.
Obiter and limits
- The motion was heard on consent
- Reasons for the order were to be provided simultaneously in both official languages
Court disposition
Motion to certify granted and Final Settlement Agreement approved on consent
- The Motion to certify this as a Class Proceeding is granted.
- The Class is defined as: "All persons who are or who have been enrolled as Canadian Armed Forces (CAF) Members at any time from April 17, 1985, and for any duration up to and including the Approval Date, and who assert that they have been subjected to Racial Discrimination and/or Racial Harassment."
- The Final Settlement Agreement dated June 6, 2024, is fair and reasonable and in the best interests of the Class and is approved pursuant to Rule 334.29 of the Federal Courts Rules, SOR/98-106, and shall be implemented in accordance with its terms.
- Deloitte LLP is appointed as Claims Administrator.
- Payments of honoraria as set out in Article 14 of the Final Settlement Agreement are approved.
- Class Counsel legal fees and disbursements are approved and shall be paid in accordance with Article 15 of the Final Settlement Agreement.
- There will be no costs of this motion.
Source and reliance status
Federal Court · 20 December 2024
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Federal Court
Judgment· 20 December 2024
A.B. v. Canada Court (s) Database Federal Court Decisions Date 2024-12-20 Neutral citation 2024 FC 2060 File numbers T-2158-16 Decision Content Date: 20241220 Docket: T-2158-16 Citation: 2024 FC 2060 Ottawa, Ontario, December 20, 2024 PRESENT: Madam Justice McDonald
CLASS PROCEEDING BETWEEN: A.B. AND JEAN-PIERRE ROBILLARD Plaintiffs and
HIS MAJESTY THE KING Defendant
ORDER FURTHER to the hearing of the Motion, on consent, for the certification of this matter as a Class Proceeding and for the approval of the Final Settlement Agreement; AND in advance of the Reasons for this Order being available simultaneously in both official languages; THIS COURT ORDERS that: The Motion to certify this as a Class Proceeding is granted. The Class is defined as: “All persons who are or who have been enrolled as Canadian Armed Forces (CAF) Members at any time from April 17, 1985, and for any duration up to and including the Approval Date, and who assert that they have been subjected to Racial Discrimination and/or Racial Harassment.” The Final Settlement Agreement dated June 6, 2024, is fair and reasonable and in the best interests of the Class and is approved pursuant to Rule 334.29 of the Federal Courts Rules, SOR/98-106, and shall be implemented in accordance with its terms. Deloitte LLP is appointed as Claims Administrator. Payments of honoraria as set out in Article 14 of the Final Settlement Agreement are approved. Class Counsel legal fees and disbursements are approved and shall be paid in accordance with Article 15 of the Final Settlement Agreement. There will be no costs of this motion. blank "Ann Marie McDonald" blank Judge
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