Canada Judgment

Federal Court

McLean v. Canada

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Source document

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  • The approved amount may be withdrawn from the funds held in trust as settled pursuant to Sections 13.02 to 13.04 of the Settlement Agreement and the Order of Fee Approval dated August 19, 2019.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

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

  • 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

  1. Posture

    Class Action / Fee Approval Motion (post Implementation)

04

Questions and positions

Legal issues

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

  1. 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

  2. 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

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Judgment text

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Source document

Federal Court

Judgment· 20 April 2022

2022 FC 551

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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