Heyder v. Canada (Attorney General)
- Citation
- 2020 FC 287
- Status
- Judgment
- Jurisdiction
- Canada
- Court
- Federal Court
- Decision
- 21 February 2020
- Posture
- Class Action / Motion for Approval of Second Supplementary Agreement (approval Order)
- Language
- English
More details
- Court
- Federal Court
- Decision
- 21 February 2020
- Posture
- Class Action / Motion for Approval of Second Supplementary Agreement (approval Order)
- Language
- English
On this page
Professional case brief
Research organized from the available case record
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
PlaintiffAMY GRAHAM
PlaintiffNADINE SCHULTZ-NIELSEN
PlaintiffLARRY BEATTIE
PlaintiffTHE ATTORNEY GENERAL OF CANADA
Defendant03
Procedural history
Posture
Class Action / Motion for Approval of Second Supplementary Agreement (approval Order)
04
Questions and positions
Legal issues
- 01
Whether the Court should approve the Second Supplementary Agreement
- 02
Whether to appoint a Lead Assessor and Associate Lead Assessor and authorize their remuneration
- 03
Whether to grant dispensation from Rule 334.21(2) for specific class members
- 04
Whether to bar actions against the assessors without leave
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
Legal principles
- 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.
- 02
Federal Court inherent jurisdiction and supervisory powers over class proceedings
Court may appoint assessors and authorize terms of their engagement including remuneration.
- 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.
Federal Court
Judgment· 21 February 2020
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
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