Wenham v. Canada (Attorney General)

Wenham v. Canada (Attorney General)

The Attorney General of Canada has no inherent right to make submissions on approval of Class Counsel's fees in the absence of a legal or financial interest; however, the Court has discretion to permit participation and, in this case, grants AGC leave to file submissions limited to the issue of the results/success of the litigation, to be filed within 10 days of Class Counsel's fee motion filing.

Citation
2019 FC 1653
Parties
Applicant (representative Plaintiff, Class): Bruce Wenham; Respondent (defendant): Attorney General of Canada
Court
Federal Court
Jurisdiction
Canada
Judgment Date
20 December 2019
Procedural Posture
Class Proceeding (judicial Review of Administrative Compensation Program) / Settlement Approval and Class Counsel Fee Approval Motion
Outcome
Attorney General of Canada granted leave to make submissions on Class Counsel's fee approval motion limited to the issue of the success/results of the litigation; submissions to be filed within 10 days of the filing of Class Counsel's fee motion.
Legal Topics
Fee Approval, Settlement Approval, Participation Rights, Court Discretion, Amicus Intervention, Thalidomide Compensation Program
Source Language
English
Administrative Law Class Actions Civil Procedure Public Law Judicial Review Fee Approval Settlement Approval Participation Rights +3 more

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Parties

Bruce Wenham

Applicant (representative Plaintiff, Class)

Attorney General of Canada

Respondent (defendant)

Procedural Posture

Class Proceeding (judicial Review of Administrative Compensation Program) / Settlement Approval and Class Counsel Fee Approval Motion

Legal Issues

  1. 1 Whether the Attorney General of Canada has a right to make submissions on Class Counsel's fee approval motion absent a financial or legal interest
  2. 2 Whether the Court has discretion to permit a non-party or a party without financial interest to make submissions on fee approval
  3. 3 If discretion exists, whether it should be exercised in these circumstances and on what terms

Ratio Decidendi

The Attorney General of Canada has no inherent right to make submissions on approval of Class Counsel's fees in the absence of a legal or financial interest; however, the Court has discretion to permit participation and, in this case, grants AGC leave to file submissions limited to the issue of the results/success of the litigation, to be filed within 10 days of Class Counsel's fee motion filing.

Court Disposition

Attorney General of Canada granted leave to make submissions on Class Counsel's fee approval motion limited to the issue of the success/results of the litigation; submissions to be filed within 10 days of the filing of Class Counsel's fee motion.

Orders

  • The Attorney General of Canada is granted leave to make submissions in accordance with these Reasons; AGC shall file its submissions within 10 days of the filing of Class Counsel's motion for fee approval.