Buote Estate v. Canada

Buote Estate v. Canada

The Court certified the proposed Class and approved the settlement because all certification requirements were met, effective notice was given, the settlement (providing approximately 82% of past-due recoveries, interest, elimination of future offsets, dispute resolution mechanisms, and monitoring) was fair and reasonable in light of litigation risks and benefits to the Class, and proposed legal fees (8% and 0.064% disbursements) were appropriate.

Citation
2014 FC 773
Parties
Plaintiffs: Estate of A. Gerard Buote and David White; Defendant: Her Majesty the Queen
Court
Federal Court
Jurisdiction
Canada
Judgment Date
5 August 2014
Procedural Posture
Class Action Certification and Settlement Approval / Motion for Certification and Settlement Approval (consent Motion)
Outcome
Class certified; proposed settlement approved
Legal Topics
Class Certification, Settlement Approval, Benefit Offset, Pension Act, Long Term Disability, Limitations Defence, Legal Fees
Source Language
English
Class Actions Administrative Law Contract Law Pension Law Constitutional Law (charter) Employment Benefits Class Certification Settlement Approval +5 more

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Parties

Estate of A. Gerard Buote and David White

Plaintiffs

Her Majesty the Queen

Defendant

Procedural Posture

Class Action Certification and Settlement Approval / Motion for Certification and Settlement Approval (consent Motion)

Legal Issues

  1. 1 Whether the Pension Act offset in the GWL-LTD Plan is unlawful
  2. 2 Whether the offset is ultra vires the Crown/Defendant
  3. 3 Whether the offset unlawfully assigns or charges Pension Act benefits contrary to s.30 Pension Act

Ratio Decidendi

The Court certified the proposed Class and approved the settlement because all certification requirements were met, effective notice was given, the settlement (providing approximately 82% of past-due recoveries, interest, elimination of future offsets, dispute resolution mechanisms, and monitoring) was fair and reasonable in light of litigation risks and benefits to the Class, and proposed legal fees (8% and 0.064% disbursements) were appropriate.

Court Disposition

Class certified; proposed settlement approved

Orders

  • This action is certified as a class proceeding
  • David White is appointed representative Plaintiff