Heyder v. Canada (Attorney General)
- Citation
- 2021 FC 139
- Status
- Judgment
- Jurisdiction
- Canada
- Court
- Federal Court
- Decision
- 10 February 2021
- Posture
- Class Action Settlement Administration / Motion for Supplementary Notice Funding (post Settlement)
- Language
- English
More details
- Court
- Federal Court
- Decision
- 10 February 2021
- Posture
- Class Action Settlement Administration / Motion for Supplementary Notice Funding (post Settlement)
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
Because the Final Settlement Agreement contemplated notice funding and the parties jointly requested supplementary funding due to COVID-19 delays, the court granted the Attorney General's motion and ordered Canada to fund reasonable costs of the supplementary notice program up to $100,000 inclusive of tax as being in the interests of justice.
Court disposition
Motion granted; order that Canada fund reasonable costs of the KCC/Ricepoint Supplementary Notice Program up to $100,000 inclusive of tax.
Orders
- Canada shall fund the reasonable costs of the KCC/Ricepoint Supplementary Notice Program, or as that program may be subsequently amended by agreement between the parties, to a maximum of one hundred thousand dollars ($100,000.00), inclusive of tax.
- The Supplementary Notice Program is the program attached as Exhibit "A" to the motion materials, subject to amendment by agreement of the parties.
02
Material facts
Parties
Sherry Heyder
PlaintiffAmy Graham
PlaintiffNadine Schultz-Nielsen
PlaintiffLarry Beattie
PlaintiffThe Attorney General of Canada
DefendantAmounts and remedies
- Original Notice Funding Cap: CAD 550,000
- Supplementary Notice Funding Cap: CAD 100,000
03
Procedural history
Posture
Class Action Settlement Administration / Motion for Supplementary Notice Funding (post Settlement)
04
Questions and positions
Legal issues
- 01
Whether Canada is required or should be ordered to fund a supplementary notice program under the Final Settlement Agreement s 3.05
- 02
Whether an additional $100,000 inclusive of tax is reasonable and within the parties' agreement
- 03
Whether the interests of justice support granting the funding order in light of pandemic-related delays
Party arguments
- Applicant
- The Attorney General of Canada sought an order authorizing Canada to fund the reasonable costs of the KCC/Ricepoint Supplementary Notice Program up to $100,000 inclusive of tax. The motion relied on s 3.05 of the Final Settlement Agreement (which provides for Canada to fund notice costs up to $550,000) and on the parties' agreement that pandemic-related delays require a supplemental notice program.
- Respondent
- The plaintiffs and all parties consented in writing to the supplemental funding and to the form and timing of the supplementary notice program. There was no opposition; the parties agreed the additional funding is reasonable and necessary to implement the extended notice plan.
05
Court’s reasoning
Legal principles
- 01
Final Settlement Agreement s 3.05
Court may enforce or give effect to funding provisions in a court-approved settlement agreement
- 02
Order dated November 25, 2019 approving Final Settlement Agreement
Court approval is required for changes to settlement implementation that affect funding and notice to class members
- 03
General judicial discretion / equitable principles
Judicial discretion to grant relief is exercised in accordance with the interests of justice
06
Ratio, limits and disposition
Ratio decidendi
Because the Final Settlement Agreement contemplated notice funding and the parties jointly requested supplementary funding due to COVID-19 delays, the court granted the Attorney General's motion and ordered Canada to fund reasonable costs of the supplementary notice program up to $100,000 inclusive of tax as being in the interests of justice.
Obiter and limits
- The supplementary notice program may be amended by agreement between the parties.
- The funding cap is expressly inclusive of tax.
Court disposition
Motion granted; order that Canada fund reasonable costs of the KCC/Ricepoint Supplementary Notice Program up to $100,000 inclusive of tax.
- Canada shall fund the reasonable costs of the KCC/Ricepoint Supplementary Notice Program, or as that program may be subsequently amended by agreement between the parties, to a maximum of one hundred thousand dollars ($100,000.00), inclusive of tax.
- The Supplementary Notice Program is the program attached as Exhibit "A" to the motion materials, subject to amendment by agreement of the parties.
Source and reliance status
Federal Court · 10 February 2021
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· 10 February 2021
Heyder v. Canada (Attorney General) Court (s) Database Federal Court Decisions Date 2021-02-10 Neutral citation 2021 FC 139 File numbers T-2111-16, T-460-17 Decision Content Date: 20210210 Dockets: T-2111-16 T-460-17 Citation: 2021 FC 139 Ottawa, Ontario, February 10, 2021 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 (Supplementary Notice Funding) UPON the motion brought informally and in writing on behalf of the Attorney General of Canada; AND UPON reading the materials filed, including the written consent of all parties, signed by their respective counsel and dated January 14, 2021; AND CONSIDERING that s 3.05 of the Final Settlement Agreement executed by the parties and approved by this Court by Order dated November 25, 2019 provides that Canada shall fund the reasonable costs of the KCC/Ricepoint External Notice Program up to a maximum of five hundred and fifty thousand dollars ($550,000.00); AND CONSIDERING that, due to the ongoing COVID-19 pandemic and the resulting delay in the commencement of the claims process, the implementation of the notice plan has been extended over many months, and the parties have agreed to conduct a supplemental notice program in the Winter/Spring of 2021, with Canada providing up to an additional $100,000.00 (inclusive of tax) to fund this program; AND UPON being satisfied that it is in the interests of justice to grant the relief sought; THIS COURT ORDERS that Canada shall fund the reasonable costs of the KCC/Ricepoint Supplementary Notice Program attached as Exhibit “A”, or as that program may be subsequently amended by agreement between the parties, to a maximum of one hundred thousand dollars ($100,000.00), inclusive of tax. “Simon Fothergill” Judge
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