McLean v. Canada (Attorney General)
- Citation
- 2021 FC 868
- Status
- Judgment
- Jurisdiction
- Canada
- Court
- Federal Court
- Decision
- 24 August 2021
- Posture
- Class Proceeding / Fee Approval (post Implementation)
- Language
- English
More details
- Court
- Federal Court
- Decision
- 24 August 2021
- 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 exercised its supervisory authority under the Settlement Agreement and the prior Order of Fee Approval to approve payment of $612,414.23 (inclusive of HST) for post-Implementation legal services for the period October 1, 2020 to December 31, 2020 and authorized withdrawal of that amount from funds held in trust pursuant to Sections 13.02–13.04 of the Settlement Agreement and the Order of Fee Approval dated August 19, 2019.
Court disposition
Approved payment of $612,414.23 (inclusive of HST) for post-Implementation legal services for the period October 1, 2020 to December 31, 2020 and authorized withdrawal from trust funds.
Orders
- The fees and disbursements, inclusive of HST, for post-Implementation legal services provided by Class Counsel between October 1, 2020 and December 31, 2020, is hereby approved in the amount of $612,414.23.
- The above amount may be withdrawn from the funds held in trust as settled pursuant to Sections 13.02 to 13.04 of the Settlement Agreement and the Order of Fee Approval, dated August 19, 2019.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 Fee Pool: CAD 7,000,000
- Approved Payment This Period: CAD 612,414.23
03
Procedural history
Posture
Class Proceeding / Fee Approval (post Implementation)
04
Questions and positions
Legal issues
- 01
Whether the fees and disbursements invoiced for post-Implementation legal services for Oct 1, 2020–Dec 31, 2020 should be approved
- 02
Whether the approved amount may be withdrawn from funds held in trust pursuant to the Settlement Agreement and the Order of Fee Approval
Party arguments
- Applicant
- The Plaintiffs (Class Counsel) moved for approval of fees and disbursements, inclusive of HST, in the amount of $612,414.23 for post-Implementation legal services rendered from October 1, 2020 to December 31, 2020 and requested authorization to withdraw that amount from trust funds pursuant to Sections 13.02–13.04 of the Settlement Agreement and the Court's Order of Fee Approval dated August 19, 2019.
05
Court’s reasoning
Legal principles
- 01
Settlement Agreement; Order of Fee Approval (August 19, 2019); Federal Court jurisdiction over class proceedings
Court approval is required for transfers from settlement trust for class counsel fees where the settlement and prior court orders require periodic approval.
- 02
Order of Fee Approval (August 19, 2019); Settlement Agreement
Fees and disbursements, including applicable taxes, may be approved in accordance with the terms of the settlement and supervising court orders.
06
Ratio, limits and disposition
Ratio decidendi
The Court exercised its supervisory authority under the Settlement Agreement and the prior Order of Fee Approval to approve payment of $612,414.23 (inclusive of HST) for post-Implementation legal services for the period October 1, 2020 to December 31, 2020 and authorized withdrawal of that amount from funds held in trust pursuant to Sections 13.02–13.04 of the Settlement Agreement and the Order of Fee Approval dated August 19, 2019.
Court disposition
Approved payment of $612,414.23 (inclusive of HST) for post-Implementation legal services for the period October 1, 2020 to December 31, 2020 and authorized withdrawal from trust funds.
- The fees and disbursements, inclusive of HST, for post-Implementation legal services provided by Class Counsel between October 1, 2020 and December 31, 2020, is hereby approved in the amount of $612,414.23.
- 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 · 24 August 2021
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· 24 August 2021
McLean v. Canada (Attorney General) Court (s) Database Federal Court Decisions Date 2021-08-24 Neutral citation 2021 FC 868 File numbers T-2169-16 Decision Content Date: 20210824 Docket: T-2169-16 Citation: 2021 FC 868 Ottawa, Ontario, August 24, 2021 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 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, 2020 to December 31, 2020; THIS COURT ORDERS that: The fees and disbursements, inclusive of HST, for post-Implementation legal services provided by Class Counsel between October 1, 2020 and December 31, 2020, is hereby approved in the amount of $612,414.23; 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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