Canada Judgment

Federal Court

Heyder v. Canada (Attorney General)

On this page

Professional case brief

Research organized from the available case record

Source document

01

Holding and result

Because the parties consented and the proposed terms were within the court's supervisory authority and in the interests of justice, the Court approved the Second Supplementary Agreement, appointed the named Lead and Associate Lead Assessors with authorized payment, protected the assessors from actions without leave, and dispensed with Rule 334.21(2) for specified individuals.

Court disposition

Motion granted; Second Supplementary Agreement approved; Lead Assessor and Associate Lead Assessor appointed and protected; Rule 334.21(2) dispensation granted for specified individuals.

Orders

  • The terms of the Second Supplementary Agreement between the parties, attached as Schedule A to the Order, are approved
  • Reva Devins is appointed Lead Assessor and shall be paid in accordance with Schedule A to the Second Supplementary Agreement
  • Michelle Flaherty is appointed Associate Lead Assessor and shall be paid in accordance with Schedule B to the Second Supplementary Agreement
  • No person may bring any action or take any proceeding against the Lead Assessor or Associate Lead Assessor, or their employees, agents, partners, associates, representatives, successors, or assigns, for any matter relating to the Second Supplementary Agreement or its implementation, except with leave of the Court on notice to all affected parties
  • Rule 334.21(2) of the Federal Courts Rules shall not apply to Amy Graham, Nadine Schultz-Nielsen, Larry Beattie or Alexandre Tessier

02

Material facts

Parties

SHERRY HEYDER

Plaintiff

AMY GRAHAM

Plaintiff

NADINE SCHULTZ-NIELSEN

Plaintiff

LARRY BEATTIE

Plaintiff

THE ATTORNEY GENERAL OF CANADA

Defendant

03

Procedural history

  1. Posture

    Class Action / Motion for Approval of Second Supplementary Agreement (approval Order)

04

Questions and positions

Legal issues

Party arguments

Applicant
The plaintiffs moved for approval of the public and confidential Second Supplementary Agreement, for appointment and payment of a Lead Assessor and Associate Lead Assessor, and for dispensation from Rule 334.21(2) for named class members, submitting that the relief is consented to and in the interests of justice.
Respondent
The Attorney General of Canada consented to the terms of the order and did not oppose the requested relief.

05

Court’s reasoning

  1. 01

    Federal Courts Rules / Federal Court jurisdiction

    Court has supervisory authority to approve agreements affecting class proceedings and to grant relief that is in the interests of justice.

  2. 02

    Federal Court inherent jurisdiction and supervisory powers over class proceedings

    Court may appoint assessors and authorize terms of their engagement including remuneration.

  3. 03

    Federal Courts Rules, SOR/98-106, Rule 334.21(2)

    Rule 334.21(2) of the Federal Courts Rules contemplates automatic opt-out consequences; the court may dispense with its application in appropriate cases.

06

Ratio, limits and disposition

Ratio decidendi

Because the parties consented and the proposed terms were within the court's supervisory authority and in the interests of justice, the Court approved the Second Supplementary Agreement, appointed the named Lead and Associate Lead Assessors with authorized payment, protected the assessors from actions without leave, and dispensed with Rule 334.21(2) for specified individuals.

Obiter and limits

  • Approval was granted on the basis of consent and the stated record; a contested approval would require fuller adversarial justification.
  • Both public and confidential versions of the Second Supplementary Agreement were approved as filed with the Court.

Court disposition

Motion granted; Second Supplementary Agreement approved; Lead Assessor and Associate Lead Assessor appointed and protected; Rule 334.21(2) dispensation granted for specified individuals.

  • The terms of the Second Supplementary Agreement between the parties, attached as Schedule A to the Order, are approved
  • Reva Devins is appointed Lead Assessor and shall be paid in accordance with Schedule A to the Second Supplementary Agreement
  • Michelle Flaherty is appointed Associate Lead Assessor and shall be paid in accordance with Schedule B to the Second Supplementary Agreement
  • No person may bring any action or take any proceeding against the Lead Assessor or Associate Lead Assessor, or their employees, agents, partners, associates, representatives, successors, or assigns, for any matter relating to the Second Supplementary Agreement or its implementation, except with leave of the Court on notice to all affected parties
  • Rule 334.21(2) of the Federal Courts Rules shall not apply to Amy Graham, Nadine Schultz-Nielsen, Larry Beattie or Alexandre Tessier

Source and reliance status

Federal Court · 21 February 2020

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.

Source document

Federal Court

Judgment· 21 February 2020

2020 FC 287

Heyder v. Canada (Attorney General) Court (s) Database Federal Court Decisions Date 2020-02-21 Neutral citation 2020 FC 287 File numbers T-2111-16, T-460-17 Decision Content Date: 20200221 Dockets: T-2111-16 T-460-17 Citation: 2020 FC 287 Ottawa, Ontario, February 21, 2020 PRESENT: The Honourable Mr. Justice Fothergill Docket: T-2111-16 BETWEEN:

SHERRY HEYDER

AMY GRAHAM NADINE SCHULTZ-NIELSEN Plaintiffs and

THE ATTORNEY GENERAL OF CANADA Defendant Docket: T-460-17 AND BETWEEN:

LARRY BEATTIE Plaintiff and

THE ATTORNEY GENERAL OF CANADA Defendant

ORDER (Approval of Second Supplementary Agreement) UPON the motion made in writing by the Plaintiffs for an order approving the public and confidential versions of the Second Supplementary Agreement regarding the appointments of a Lead Assessor and Associate Lead Assessor, and for dispensation from Rule 334.21(2) of the Federal Courts Rules, SOR/98-106 for certain class members; AND UPON reading the Plaintiffs’ motion record, including confirmation of the Defendant’s consent to the terms of this Order; AND UPON being satisfied that it is in the interests of justice to grant the relief sought; THIS COURT ORDERS that: The terms of the Second Supplementary Agreement between the parties, attached as Schedule “A” to this Order, are approved; Reva Devins is appointed Lead Assessor and shall be paid in accordance with Schedule “A” to the Second Supplementary Agreement; Michelle Flaherty is appointed Associate Lead Assessor and shall be paid in accordance with Schedule “B” to the Second Supplementary Agreement; No person may bring any action or take any proceeding against the Lead Assessor or Associate Lead Assessor, or any of their employees, agents, partners, associates, representatives, successors, or assigns, for any matter in any way relating to the Second Supplementary Agreement or the implementation thereof, except with leave of this Court on notice to all affected parties; Rule 334.21(2), concerning the automatic opt-out of class members who have not yet discontinued proceedings that raise the common questions of law or fact addressed in these class proceedings, shall not apply to Amy Graham, Nadine Schultz-Nielsen, Larry Beattie or Alexandre Tessier. “Simon Fothergill” Judge

Source wording is retained. Consult the source document for its original formatting and pagination.

Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Federal Courts Rules, SOR/98-106, Rule 334.21(2)

Legislation

Legislation referenced in the available case record.

Case-aware research

Ask AI about this case

The judgment and available research above are public. New questions open in a separate private conversation grounded in this case.

About this LexChat collection

This page organizes the available case record for research. Verify quotations, current status, and subsequent treatment against the source document. Corrections can be reported to hello@esheria.ai.

Legal information, not legal advice. Research summaries do not replace the judgment.