McLean v. Canada (Attorney General)
- Citation
- 2022 FC 830
- Status
- Judgment
- Jurisdiction
- Canada
- Court
- Federal Court
- Decision
- 6 June 2022
- Posture
- Class Proceeding / Order on Motion to Amend Settlement Agreement Schedule K
- Language
- English
More details
- Court
- Federal Court
- Decision
- 6 June 2022
- Posture
- Class Proceeding / Order on Motion to Amend Settlement Agreement Schedule K
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
On consent, the Court ordered Schedule K amended to add or correct the attendance date ranges for Rossville, Quinte Mohawk and Pictou Landing and held that Survivor Class Members who submit claims respecting attendance during the amended periods are subject to section 12.01 of the Settlement Agreement and bound by section 5 of the Settlement Approval Order; no costs were awarded.
Court disposition
Motion granted by consent; Schedule K amended as specified; no costs ordered.
Orders
- Manitoba, Rossville is amended to include "June 30, 1967 to August 31, 1968"
- Ontario, Quinte Mohawk is amended to include "September 1, 1955 to August 31, 1960"
- Nova Scotia, Pictou Landing is amended to correct the closing date from June 30, 1985 to "June 30, 1958"
- A Survivor Class Member who submits a claim respecting attendance at either Rossville during June 30, 1967 to August 31, 1968 or Quinte Mohawk during September 1, 1955 to August 31, 1960 will be deemed subject to section 12.01 of the Settlement Agreement and will be bound by section 5 of the Settlement Approval Order.
- No costs ordered.
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
Defendant03
Procedural history
Posture
Class Proceeding / Order on Motion to Amend Settlement Agreement Schedule K
04
Questions and positions
Legal issues
- 01
Whether Schedule K to the Settlement Agreement should be amended to change or correct attendance date ranges for specified communities
- 02
Whether Survivor Class Members who submit claims within the amended periods are subject to section 12.01 of the Settlement Agreement
- 03
Whether the Court should order costs
Party arguments
- Applicant
- Plaintiffs moved with the consent of the Defendant to amend Schedule K to include revised attendance date ranges for Rossville (Manitoba) and Quinte Mohawk (Ontario) and to correct the closing date for Pictou Landing (Nova Scotia); they sought a declaration that Survivor Class Members who submit claims for attendance during the specified periods will be bound by section 12.01 of the Settlement Agreement and section 5 of the Settlement Approval Order.
- Respondent
- Defendant consented to the amendments and did not oppose the motion; the Court received no communications in opposition.
05
Court’s reasoning
Legal principles
- 01
Settlement Approval Order and Federal Court inherent jurisdiction (2022 FC 830)
Court may approve amendments to settlement schedules on consent and correct clerical errors in settlement documents
- 02
Settlement Agreement section 12.01 and Settlement Approval Order section 5
Claimants whose attendance falls within specified dates are subject to the settlement's binding provisions including section 12.01 and related approval order provisions
06
Ratio, limits and disposition
Ratio decidendi
On consent, the Court ordered Schedule K amended to add or correct the attendance date ranges for Rossville, Quinte Mohawk and Pictou Landing and held that Survivor Class Members who submit claims respecting attendance during the amended periods are subject to section 12.01 of the Settlement Agreement and bound by section 5 of the Settlement Approval Order; no costs were awarded.
Obiter and limits
- No communications were received for or against the motion.
- No costs were sought and none was ordered.
Court disposition
Motion granted by consent; Schedule K amended as specified; no costs ordered.
- Manitoba, Rossville is amended to include "June 30, 1967 to August 31, 1968"
- Ontario, Quinte Mohawk is amended to include "September 1, 1955 to August 31, 1960"
- Nova Scotia, Pictou Landing is amended to correct the closing date from June 30, 1985 to "June 30, 1958"
- A Survivor Class Member who submits a claim respecting attendance at either Rossville during June 30, 1967 to August 31, 1968 or Quinte Mohawk during September 1, 1955 to August 31, 1960 will be deemed subject to section 12.01 of the Settlement Agreement and will be bound by section 5 of the Settlement Approval Order.
- No costs ordered.
Source and reliance status
Federal Court · 6 June 2022
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Judgment reading view
Judgment text
The complete available source text.
Federal Court
Judgment· 6 June 2022
McLean v. Canada (Attorney General) Court (s) Database Federal Court Decisions Date 2022-06-06 Neutral citation 2022 FC 830 File numbers T-2169-16 Decision Content Date: 20220606 Docket: T-2169-16 Citation: 2022 FC 830 Ottawa, Ontario, June 6, 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 UPON MOTION made in writing by the Plaintiffs, on consent of the Defendant, for three amendments to Schedule K to the Settlement Agreement in the within action; AND UPON the Court having received no communications for or against the motion; THIS COURT ORDERS that: Schedule K, as attached to the Settlement Approval Order as Appendix A, is amended as follows: Manitoba, Rossville is amended to include “June 30, 1967 to August 31, 1968”; Ontario, Quinte Mohawk is amended to include “September 1, 1955 to August 31, 1960”; and Nova Scotia, Pictou Landing is amended to correct the closing date from June 30, 1985 to “June 30, 1958”. A Survivor Class Member who submits a claim respecting attendance at either of Rossville during the period in 1a. above or Quinte Mohawk during the period in 1b., will be deemed subject to section 12.01 of the Settlement Agreement and will be bound by section 5 of the Settlement Approval Order. As no costs were sought, none is ordered. Blank “Michael L. Phelan” Blank Judge
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