McLean v. Canada
- Citation
- 2022 FC 551
- Status
- Judgment
- Jurisdiction
- Canada
- Court
- Federal Court
- Decision
- 20 April 2022
- Posture
- Class Action / Fee Approval Motion (post Implementation)
- Language
- English
More details
- Court
- Federal Court
- Decision
- 20 April 2022
- Posture
- Class Action / Fee Approval Motion (post Implementation)
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court granted the fee approval motion, finding the requested amount for post-Implementation legal services is appropriate and authorized the withdrawal of $487,103.52 from the trust pursuant to Sections 13.02 to 13.04 of the Settlement Agreement and the Order of Fee Approval dated August 19, 2019.
Court disposition
Motion granted: fees and disbursements approved and withdrawal from trust authorized.
Orders
- The fees and disbursements, inclusive of HST, for post-Implementation legal services provided by Class Counsel between October 1, 2021 to December 31, 2021 are approved in the amount of $487,103.52.
- The approved amount may be withdrawn from the funds held in trust as settled pursuant to Sections 13.02 to 13.04 of the Settlement Agreement and the Order of Fee Approval dated August 19, 2019.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
- Total Funds Approved in Trust for Post Implementation Legal Services by August 19, 2019: CAD 7,000,000
- Approved Fees and Disbursements for Oct 1, 2021 to Dec 31, 2021: CAD 487,103.52
03
Procedural history
Posture
Class Action / Fee Approval Motion (post Implementation)
04
Questions and positions
Legal issues
- 01
Whether the fees and disbursements for post-Implementation legal services between October 1, 2021 and December 31, 2021 should be approved
- 02
Whether funds may be withdrawn from trust pursuant to Sections 13.02 to 13.04 of the Settlement Agreement and the Order of Fee Approval dated August 19, 2019
Party arguments
- Applicant
- Class Counsel applied for court approval to withdraw $487,103.52 from trust to pay fees, disbursements and HST for post-Implementation legal services rendered between October 1, 2021 and December 31, 2021, pursuant to the Order of Fee Approval directing quarterly approvals.
- Respondent
- No opposing submissions by the Defendant are recorded in the order; no objection to payment or withdrawal from trust is noted.
05
Court’s reasoning
Legal principles
- 01
Order of Fee Approval (August 19, 2019) / Federal Court practice
Court approval required for disbursement of settlement trust funds for class counsel fees and disbursements
- 02
Settlement Agreement (as approved August 19, 2019)
Settlement Agreement sections govern permissible withdrawals from trust (Sections 13.02 to 13.04)
06
Ratio, limits and disposition
Ratio decidendi
The court granted the fee approval motion, finding the requested amount for post-Implementation legal services is appropriate and authorized the withdrawal of $487,103.52 from the trust pursuant to Sections 13.02 to 13.04 of the Settlement Agreement and the Order of Fee Approval dated August 19, 2019.
Court disposition
Motion granted: fees and disbursements approved and withdrawal from trust authorized.
- The fees and disbursements, inclusive of HST, for post-Implementation legal services provided by Class Counsel between October 1, 2021 to December 31, 2021 are approved in the amount of $487,103.52.
- The approved 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 · 20 April 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· 20 April 2022
McLean v. Canada Court (s) Database Federal Court Decisions Date 2022-04-20 Neutral citation 2022 FC 551 File numbers T-2169-16 Decision Content Date: 20220420 Docket: T-2169-16 Citation: 2022 FC 551 Ottawa, Ontario, April 20, 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 October 1, 2021 to December 31, 2021; THIS COURT ORDERS that: The fees and disbursements, inclusive of HST, for post-Implementation legal services provided by Class Counsel between October 1, 2021 to December 31, 2021, is hereby approved in the amount of $487,103.52; 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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