Canada Judgment

Federal Court

McLean v. Canada

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Source document

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  • The above amount may be withdrawn from the funds held in trust as settled pursuant to Sections 13.02 to 13.04 of the Settlement Agreement and the Order of Fee Approval, dated August 19, 2019.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

Plaintiff

Roger Augustine

Plaintiff

Claudette Commanda

Plaintiff

Angela Elizabeth Simone Sampson

Plaintiff

Margaret Anne Swan

Plaintiff

Mariette Lucille Buckshot

Plaintiff

Her Majesty the Queen in Right of Canada as represented by the Attorney General of Canada

Defendant

Amounts 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

  1. Posture

    Class Proceeding / Fee Approval Motion — Post Implementation Period July 1, 2021 to September 30, 2021

04

Questions and positions

Legal issues

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

  1. 01

    Order of Fee Approval, August 19, 2019

    Court has supervisory authority to approve class counsel fees and disbursements.

  2. 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.

  3. 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

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Judgment text

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Source document

Federal Court

Judgment· 31 January 2022

2022 FC 104

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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