A.B v. Canada

Parties

Procedural Posture

Class Proceeding / Certification and Settlement Approval

Legal Issues

1. 1 Whether the action should be certified as a class proceeding
2. 2 Whether the proposed class definition is appropriate
3. 3 Whether the Final Settlement Agreement is fair, reasonable and in the best interests of the class

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.

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."