McLean v. Canada
- Citation
- 2022 FC 104
- Status
- Judgment
- Jurisdiction
- Canada
- Court
- Federal Court
- Decision
- 31 January 2022
- Posture
- Class Proceeding / Fee Approval Motion — Post Implementation Period July 1, 2021 to September 30, 2021
- Language
- English
More details
- Court
- Federal Court
- Decision
- 31 January 2022
- Posture
- Class Proceeding / Fee Approval Motion — Post Implementation Period July 1, 2021 to September 30, 2021
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The Court approved the requested fees and disbursements of $532,475.24 for the specified post-Implementation period and authorized withdrawal of that amount from the funds held in trust pursuant to the Settlement Agreement and the prior Fee Approval Order.
Court disposition
Approved
Orders
- The fees and disbursements, inclusive of HST, for post-Implementation legal services provided by Class Counsel between July 1, 2021 to September 30, 2021, is hereby approved in the amount of $532,475.24.
- The above amount may be withdrawn from the funds held in trust as settled pursuant to Sections 13.02 to 13.04 of the Settlement Agreement and the Order of Fee Approval, dated August 19, 2019.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 Fees and Disbursements: CAD 532,475.24
- Total Amount Payable in Trust for Post Implementation Legal Services as Approved in 2019: CAD 7,000,000
03
Procedural history
Posture
Class Proceeding / Fee Approval Motion — Post Implementation Period July 1, 2021 to September 30, 2021
04
Questions and positions
Legal issues
- 01
Whether the fees and disbursements for post-Implementation legal services between July 1, 2021 and September 30, 2021 should be approved
- 02
Whether the approved amount may be withdrawn from funds held in trust pursuant to the Settlement Agreement and prior Fee Approval Order
Party arguments
- Applicant
- The plaintiffs sought court approval of fees and disbursements, inclusive of HST, in the amount of $532,475.24 for post-Implementation legal services performed between July 1, 2021 and September 30, 2021 and requested authorization to withdraw that amount from funds held in trust pursuant to Sections 13.02 to 13.04 of the Settlement Agreement and the Order of Fee Approval (Aug 19, 2019).
05
Court’s reasoning
Legal principles
- 01
Order of Fee Approval, August 19, 2019
Court has supervisory authority to approve class counsel fees and disbursements.
- 02
Settlement Agreement and Order of Fee Approval (August 19, 2019)
Settlement Agreement sections 13.02 to 13.04 govern funds held in trust and permit withdrawals for approved fees.
- 03
Order of Fee Approval, August 19, 2019
Fees and disbursements may be approved inclusive of applicable taxes such as HST.
06
Ratio, limits and disposition
Ratio decidendi
The Court approved the requested fees and disbursements of $532,475.24 for the specified post-Implementation period and authorized withdrawal of that amount from the funds held in trust pursuant to the Settlement Agreement and the prior Fee Approval Order.
Court disposition
Approved
- The fees and disbursements, inclusive of HST, for post-Implementation legal services provided by Class Counsel between July 1, 2021 to September 30, 2021, is hereby approved in the amount of $532,475.24.
- 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 · 31 January 2022
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· 31 January 2022
McLean v. Canada Court (s) Database Federal Court Decisions Date 2022-01-31 Neutral citation 2022 FC 104 File numbers T-2169-16 Decision Content Date: 20220131 Docket: T-2169-16 Citation: 2022 FC 104 Ottawa, Ontario, January 31, 2022 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 that $7,000,000 be 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 July 1, 2021 to September 30, 2021; THIS COURT ORDERS that: The fees and disbursements, inclusive of HST, for post-Implementation legal services provided by Class Counsel between July 1, 2021 to September 30, 2021, is hereby approved in the amount of $532,475.24; 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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