McLean v. Canada
- Citation
- 2020 FC 780
- Status
- Judgment
- Jurisdiction
- Canada
- Court
- Federal Court
- Decision
- 23 July 2020
- Posture
- Class Proceeding / Fee Approval (post Implementation)
- Language
- English
More details
- Court
- Federal Court
- Decision
- 23 July 2020
- Posture
- Class Proceeding / Fee Approval (post Implementation)
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The Court approved payment and trust withdrawal because the claimed fees and disbursements were supported by evidence, the Amicus Curiae found the accounting methods reasonable and consistent with professional standards, the amounts were reasonable in light of expected start-up costs, there was no substantive opposition following notice, and the withdrawal is authorized by the Settlement Agreement and prior Order of Fee Approval.
Court disposition
Approved
Orders
- The fees and disbursements, inclusive of HST, for post-Implementation legal services provided by Class Counsel between January 13, 2020 and March 31, 2020 are approved in the amount of $1,150,779.12.
- The above amount may be withdrawn from the funds held in trust as settled pursuant to Sections 13.02 to 13.04 of the Settlement Agreement and the Order of Fee Approval dated August 19, 2019.
02
Material facts
Parties
Garry Leslie McLean
PlaintiffRoger Augustine
PlaintiffClaudette Commanda
PlaintiffAngela Elizabeth Simone Sampson
PlaintiffMargaret Anne Swan
PlaintiffMariette Lucille Buckshot
PlaintiffHer Majesty the Queen in Right of Canada as represented by the Attorney General of Canada
DefendantAmounts and remedies
- Approved Amount: CAD 1,150,779.12
03
Procedural history
Posture
Class Proceeding / Fee Approval (post Implementation)
04
Questions and positions
Legal issues
- 01
Whether the fees and disbursements for post-Implementation legal services between January 13, 2020 and March 31, 2020 are fair and reasonable
- 02
Whether the claimed amounts are supported by evidence and consistent with professional accounting standards
- 03
Whether funds may be withdrawn from trust pursuant to the Settlement Agreement and prior Order of Fee Approval
Party arguments
- Applicant
- Class Counsel sought Court approval to pay $1,150,779.12 (inclusive of HST) for post-Implementation legal services rendered between January 13, 2020 and March 31, 2020, submitting that the amounts are supported by evidence of work performed, that accounting methods are reasonable and consistent with professional standards as found by the Amicus Curiae, that the fees reflect expected initial start-up costs of a complex system, and that notice was given and no substantive opposition exists.
- Respondent
- The Defendant took no position on the motion.
05
Court’s reasoning
Legal principles
- 01
Order of Fee Approval dated August 19, 2019; general principles of class proceedings oversight
The court must supervise and approve class counsel fees and disbursements to ensure they are fair and reasonable.
- 02
Settlement Agreement Sections 13.02 to 13.04
Withdrawals from funds held in trust must comply with the terms of the Settlement Agreement.
- 03
Amicus Curiae report to the Court and court practice
An Amicus Curiae may assess accounting methods and reasonableness of fees and its findings inform the court's determination.
06
Ratio, limits and disposition
Ratio decidendi
The Court approved payment and trust withdrawal because the claimed fees and disbursements were supported by evidence, the Amicus Curiae found the accounting methods reasonable and consistent with professional standards, the amounts were reasonable in light of expected start-up costs, there was no substantive opposition following notice, and the withdrawal is authorized by the Settlement Agreement and prior Order of Fee Approval.
Obiter and limits
- The Court noted and reviewed public comments (including some Facebook comments) but found no substantive opposition to the motion.
- The Court observed that initial start-up costs may justify higher initial expenditures in establishing a complex system.
Court disposition
Approved
- The fees and disbursements, inclusive of HST, for post-Implementation legal services provided by Class Counsel between January 13, 2020 and March 31, 2020 are approved in the amount of $1,150,779.12.
- The above amount may be withdrawn from the funds held in trust as settled pursuant to Sections 13.02 to 13.04 of the Settlement Agreement and the Order of Fee Approval dated August 19, 2019.
Source and reliance status
Federal Court · 23 July 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· 23 July 2020
McLean v. Canada Court (s) Database Federal Court Decisions Date 2020-07-23 Neutral citation 2020 FC 780 File numbers T-2169-16 Decision Content Date: 20200723 Docket: T-2169-16 Citation: 2020 FC 780 Ottawa, Ontario, July 23, 2020 PRESENT: The Honourable Mr. Justice Phelan
CLASS PROCEEDING BETWEEN: GARRY LESLIE MCLEAN, ROGER AUGUSTINE, CLAUDETTE COMMANDA, ANGELA ELIZABETH SIMONE SAMPSON, MARGARET ANNE SWAN and
MARIETTE LUCILLE BUCKSHOT Plaintiffs and
HER MAJESTY THE QUEEN IN RIGHT OF CANADA as represented by THE ATTORNEY
GENERAL OF CANADA Defendant
ORDER WHEREAS this Court issued the Orders of Settlement Approval and Fee Approval on August 19, 2019, and in doing so, approved $7,000,000 payable in trust for post-Implementation legal services provided by Class Counsel to Survivor Class Members; WHEREAS the Order of Fee Approval, dated August 19, 2019, directs Class Counsel to seek this Court’s approval on a quarterly basis to transfer a specified amount of money from trust to pay Class Counsel’s fees, disbursements and applicable taxes; AND UPON the Plaintiffs bringing the within motion in writing to approve payment of the legal fees, disbursements and taxes for legal services performed by Class Counsel between January 13, 2020 and March 31, 2020; AND UPON the Defendant taking no position on this motion; AND CONSIDERING THAT: the amounts claimed are supported by evidence of the work performed and the fees claimed; the accounting methods used by Class Counsel have been found to be reasonable, accurate and consistent with professional standards by the Amicus Curiae; the fees and expenses claimed reflect the expected initial start-up costs of a complex system and appear reasonable in that context; the details of this motion were posted on the website for this action and no representations have been received by Class Counsel or the Court and that there is no substantive or substantial opposition to this motion (the Court has
reviewed some Facebook comments); and in all the circumstances, the fees and expenses are fair and reasonable. THIS COURT ORDERS that: The fees and disbursements, inclusive of HST, for post-Implementation legal services provided by Class Counsel between January 13, 2020 and March 31, 2020, are hereby approved in the amount of $1,150,779.12; and The above amount may be withdrawn from the funds held in trust as settled pursuant to Sections 13.02 to 13.04 of the Settlement Agreement and the Order of Fee Approval, dated August 19, 2019. Blank “Michael L. Phelan” Blank Judge
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