McLean v. Canada (Attorney General)
- Citation
- 2022 FC 92
- Status
- Judgment
- Jurisdiction
- Canada
- Court
- Federal Court
- Decision
- 27 January 2022
- Posture
- Class Proceeding / Post Implementation Fee Approval Motion
- Language
- English
More details
- Court
- Federal Court
- Decision
- 27 January 2022
- Posture
- Class Proceeding / Post Implementation Fee Approval Motion
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court concluded that the requested fees and disbursements of $557,107.36, inclusive of HST, for the specified period were properly authorized under the Settlement Agreement and the Order of Fee Approval and ordered that amount may be withdrawn from trust pursuant to Sections 13.02-13.04 and the August 19, 2019 Order.
Court disposition
Application granted; fees and disbursements in the amount of $557,107.36 approved for payment and withdrawal from trust.
Orders
- The fees and disbursements, inclusive of HST, for post-Implementation legal services provided by Class Counsel between April 1, 2021 to June 30, 2021, is hereby approved in the amount of $557,107.36.
- The above amount may be withdrawn from the funds held in trust as settled pursuant to Sections 13.02 to 13.04 of the Settlement Agreement and the Order of Fee Approval, dated August 19, 2019.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
- Amount Approved: CAD 557,107.36
- Authorized Post Implementation Fund: CAD 7,000,000
03
Procedural history
Posture
Class Proceeding / Post Implementation Fee Approval Motion
04
Questions and positions
Legal issues
- 01
Whether fees and disbursements for post-Implementation legal services between April 1, 2021 and June 30, 2021 should be approved
- 02
Whether the approved amount may be withdrawn from trust under Sections 13.02-13.04 of the Settlement Agreement and the August 19, 2019 Order of Fee Approval
Party arguments
- Applicant
- Plaintiffs sought court approval to pay Class Counsel fees, disbursements and HST totaling $557,107.36 for services from April 1 to June 30, 2021 and to withdraw that amount from funds held in trust pursuant to the Settlement Agreement and the Order of Fee Approval.
05
Court’s reasoning
Legal principles
- 01
Order of Fee Approval, August 19, 2019 and Settlement Agreement (Sections 13.02-13.04)
Court has supervisory authority to approve class counsel fees and to authorize withdrawals from trust consistent with settlement and fee approval orders.
- 02
Settlement Approval and Fee Approval Orders, August 19, 2019
Fees and disbursements inclusive of applicable taxes may be approved where properly documented and within amounts previously authorized by settlement approval.
06
Ratio, limits and disposition
Ratio decidendi
The court concluded that the requested fees and disbursements of $557,107.36, inclusive of HST, for the specified period were properly authorized under the Settlement Agreement and the Order of Fee Approval and ordered that amount may be withdrawn from trust pursuant to Sections 13.02-13.04 and the August 19, 2019 Order.
Court disposition
Application granted; fees and disbursements in the amount of $557,107.36 approved for payment and withdrawal from trust.
- The fees and disbursements, inclusive of HST, for post-Implementation legal services provided by Class Counsel between April 1, 2021 to June 30, 2021, is hereby approved in the amount of $557,107.36.
- 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 · 27 January 2022
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Judgment reading view
Judgment text
The complete available source text.
Federal Court
Judgment· 27 January 2022
McLean v. Canada (Attorney General) Court (s) Database Federal Court Decisions Date 2022-01-27 Neutral citation 2022 FC 92 File numbers T-2169-16 Decision Content Date: 20220127 Docket: T-2169-16 Citation: 2022 FC 92 Ottawa, Ontario, January 27, 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 April 1, 2021 to June 30, 2021; THIS COURT ORDERS that: The fees and disbursements, inclusive of HST, for post-Implementation legal services provided by Class Counsel between April 1, 2021 to June 30, 2021, is hereby approved in the amount of $557,107.36; 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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