Canada Judgment

Federal Court

Riddle v. Canada

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Source document

01

Holding and result

The Court amended its May 11, 2018 Order because it was satisfied the appointment of Donna Cona to perform specified Administrator duties was in the best interests of the Class, would not increase costs to the Class nor reduce settlement benefits, and therefore authorized the appointment, limited sharing of personal information with Collectiva for administration purposes, and ordered the Defendant to pay Donna Cona's reasonable costs.

Court disposition

Order amending May 11, 2018 Order to appoint Donna Cona Inc. to perform specified Administrator duties; authorization for Donna Cona and Collectiva to access, use and share personal information for settlement administration purposes; award of reasonable costs to Donna Cona payable by Her Majesty the Queen in Right of Canada.

Orders

  • Amend May 11, 2018 Order to appoint Donna Cona Inc. to perform specific portions of the Administrator’s duties under the Settlement Agreement from the date of this Order (duties enumerated in the Court’s Order).
  • Authorize Donna Cona and Collectiva (including their employees and subcontractors) to access, use and share the personal information each has or will receive from applicants in the Sixties Scoop Settlement for the sole purpose of fulfilling their respective duties under the Settlement Agreement.
  • Order Her Majesty the Queen in Right of Canada to pay Donna Cona its reasonable costs and disbursements in connection with the appointment.

02

Material facts

Parties

Jessica Riddle

Plaintiff

Wendy Lee White

Plaintiff

Catriona Charlie

Plaintiff

Her Majesty the Queen

Defendant

03

Procedural history

  1. Posture

    Class Proceeding / Settlement Administration — Appointment of Administrator Component

04

Questions and positions

Legal issues

Party arguments

Applicant
The parties consented that appointing Donna Cona to perform specified parts of the Administrator's duties is in the best interests of the Class and will not result in additional expense to the Class nor reduce the benefits of the Settlement Agreement.
Respondent
The Defendant consented to the amendment and raised no opposition; the position was that the appointment and limited sharing of personal information are permissible to fulfill administration duties.

05

Court’s reasoning

  1. 01

    May 11, 2018 Order and the Settlement Agreement (as applied by the Court)

    Court may amend prior orders to facilitate effective administration of a class settlement when the amendment is in the best interests of the class and does not prejudice class benefits

  2. 02

    Settlement Agreement provisions referenced in the Order and applicable privacy principles

    Personal information of class members may be accessed and shared between appointed administrators for the sole purpose of fulfilling settlement administration duties

  3. 03

    General court authority over settlement implementation and costs awards

    Court may award reasonable costs and disbursements to non-party service providers as necessary to effectuate a settlement administration

06

Ratio, limits and disposition

Ratio decidendi

The Court amended its May 11, 2018 Order because it was satisfied the appointment of Donna Cona to perform specified Administrator duties was in the best interests of the Class, would not increase costs to the Class nor reduce settlement benefits, and therefore authorized the appointment, limited sharing of personal information with Collectiva for administration purposes, and ordered the Defendant to pay Donna Cona's reasonable costs.

Court disposition

Order amending May 11, 2018 Order to appoint Donna Cona Inc. to perform specified Administrator duties; authorization for Donna Cona and Collectiva to access, use and share personal information for settlement administration purposes; award of reasonable costs to Donna Cona payable by Her Majesty the Queen in Right of Canada.

  • Amend May 11, 2018 Order to appoint Donna Cona Inc. to perform specific portions of the Administrator’s duties under the Settlement Agreement from the date of this Order (duties enumerated in the Court’s Order).
  • Authorize Donna Cona and Collectiva (including their employees and subcontractors) to access, use and share the personal information each has or will receive from applicants in the Sixties Scoop Settlement for the sole purpose of fulfilling their respective duties under the Settlement Agreement.
  • Order Her Majesty the Queen in Right of Canada to pay Donna Cona its reasonable costs and disbursements in connection with the appointment.

Source and reliance status

Federal Court · 8 September 2020

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Judgment text

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Source document

Federal Court

Judgment· 8 September 2020

2020 FC 885

Riddle v. Canada Court (s) Database Federal Court Decisions Date 2020-09-08 Neutral citation 2020 FC 885 File numbers T-2212-16 Decision Content Date: 20200908 Docket: T-2212-16 Citation: 2020 FC 885 Ottawa, Ontario, September 8, 2020 PRESENT: The Honourable Mr. Justice Phelan

CLASS PROCEEDING BETWEEN: JESSICA RIDDLE, WENDY LEE WHITE and CATRIONA CHARLIE Plaintiffs and

HER MAJESTY THE QUEEN Defendant

ORDER UPON READING the motion record and the consent of the parties; AND UPON being satisfied that the appointment is in the best interests of the Class and will not result in any additional expense to the Class nor any reduction in the benefits of the Settlement Agreement; THIS COURT ORDERS that: This Honourable Court’s May 11, 2018 Order is amended such that Donna Cona Inc. [Donna Cona] is appointed to perform the following specific portions of the Administrator’s duties as set out in the Settlement Agreement from the date of this Order: receiving and responding to all enquiries received by phone for the validation of Individual Payment Applications (as set out in part at s 8.01(f) of the Settlement Agreement); assisting Collectiva in responding to all enquiries by email respecting the validation of Individual Payment Applications (as set out in part at s 8.01(f) of the Settlement Agreement); receiving and responding to all status enquiries received by phone respecting payment of compensation for valid Individual Payment Applications (as set out in part at s 8.01(g) of the Settlement Agreement); assisting Collectiva in responding to all enquiries by email respecting payment of compensation for valid Individual Payment Applications (as set out in part at s 8.01(g) of the Settlement Agreement); if contacted by phone by a Class Member or Eligible Class Member who expresses the

desire to communicate in a language other than English or French, Donna Cona will make best efforts to accommodate him or her (as set out in part at s 8.01(h) of the Settlement Agreement); help to maintain Collectiva’s database with all information, including personal information, by updating it to reflect information received by phone and email from Class Members and Eligible Class Members (as set out in part in s 8.01(i) of the Settlement Agreement); provide personnel in such reasonable numbers as are required for the performance of the specific duties of Donna Cona, and training and instructing them in collaboration with Collectiva to fulfill these specific duties (as set out in part in s 8.01(d) of the Settlement Agreement). An Order that Donna Cona and Collectiva (including their employees and/or subcontractors), will be allowed to access, use and share between themselves the personal information each has and will receive from applicants in the Sixties Scoop Settlement for the sole purpose of fulfilling the duties of their respective appointments under the Settlement Agreement. The Defendant, Her Majesty the Queen in Right of Canada, pay Donna Cona its reasonable costs and disbursements in connection with the appointment. Blank “Michael L. Phelan” Blank Judge

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