Canada Judgment

Federal Court

Heyder v. Canada (Attorney General)

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Source document

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

Plaintiff

Amy Graham

Plaintiff

Nadine Schultz-Nielsen

Plaintiff

Larry Beattie

Plaintiff

The Attorney General of Canada

Defendant

Amounts and remedies

  • Original Notice Funding Cap: CAD 550,000
  • Supplementary Notice Funding Cap: CAD 100,000

03

Procedural history

  1. Posture

    Class Action Settlement Administration / Motion for Supplementary Notice Funding (post Settlement)

04

Questions and positions

Legal issues

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

  1. 01

    Final Settlement Agreement s 3.05

    Court may enforce or give effect to funding provisions in a court-approved settlement agreement

  2. 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

  3. 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

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Judgment reading view

Judgment text

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Source document

Federal Court

Judgment· 10 February 2021

2021 FC 139

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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Authorities

Authorities used by the court

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

Order dated November 25, 2019 approving Final Settlement Agreement

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