Tiller v. Canada
- Citation
- 2020 FC 347
- Status
- Judgment
- Jurisdiction
- Canada
- Court
- Federal Court
- Decision
- 11 March 2020
- Posture
- Class Proceeding / Settlement Approval Motion
- Language
- English
More details
- Court
- Federal Court
- Decision
- 11 March 2020
- Posture
- Class Proceeding / Settlement Approval Motion
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
Because the Representative Plaintiffs brought a written motion under Rule 369 supported by affidavit and the Defendant consented, the court appointed the two named assessors pursuant to Article 6.03 of the Settlement Agreement and ordered that no costs be payable on the motion.
Court disposition
Appointment of assessors ordered; no costs payable on the motion.
Orders
- The Honourable Pamela Kirkpatrick and the Honourable Kathryn Neilson are appointed as additional Assessors to the Settlement pursuant to Article 6.03 of the Settlement Agreement.
- No costs are payable on this motion.
02
Material facts
Parties
Cheryl Tiller
PlaintiffMary-Ellen Copland
PlaintiffDayna Roach
PlaintiffHer Majesty the Queen
Defendant03
Procedural history
Posture
Class Proceeding / Settlement Approval Motion
04
Questions and positions
Legal issues
- 01
Whether additional assessors should be appointed to the settlement pursuant to the Settlement Agreement
- 02
Whether costs should be awarded on the motion
Party arguments
- Applicant
- The Representative Plaintiffs applied in writing under Rule 369 for appointment of two additional assessors to the Settlement pursuant to Article 6.03 of the Settlement Agreement and filed the affidavit of Eduardo Tanjuatco in support.
- Respondent
- The Defendant consented to the motion and did not oppose the appointment; no costs were sought by the Defendant.
05
Court’s reasoning
Legal principles
- 01
Article 6.03 of the Settlement Agreement
Courts may appoint assessors as provided for in a settlement agreement to assist in settlement approval.
- 02
Federal Courts Rules, SOR/98-106, Rule 369
Motions may be brought and determined in writing under the Federal Courts Rules.
06
Ratio, limits and disposition
Ratio decidendi
Because the Representative Plaintiffs brought a written motion under Rule 369 supported by affidavit and the Defendant consented, the court appointed the two named assessors pursuant to Article 6.03 of the Settlement Agreement and ordered that no costs be payable on the motion.
Court disposition
Appointment of assessors ordered; no costs payable on the motion.
- The Honourable Pamela Kirkpatrick and the Honourable Kathryn Neilson are appointed as additional Assessors to the Settlement pursuant to Article 6.03 of the Settlement Agreement.
- No costs are payable on this motion.
Source and reliance status
Federal Court · 11 March 2020
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· 11 March 2020
Tiller v. Canada Court (s) Database Federal Court Decisions Date 2020-03-11 Neutral citation 2020 FC 347 File numbers T-1673-17 Decision Content Date: 20200311 Docket: T-1673-17 Citation: 2020 FC 347 Ottawa, Ontario, March 11, 2020 PRESENT: The Honourable Mr. Justice Phelan
CLASS PROCEEDING BETWEEN: CHERYL TILLER, MARY-ELLEN COPLAND
AND DAYNA ROACH Plaintiffs and
HER MAJESTY THE QUEEN Defendant 1st AMENDMENT TO ORDER (Settlement Approval) WHEREAS this motion was made by the Representative Plaintiffs in writing pursuant to Rule 369 of the Federal Courts Rules, SOR/98-106; AND WHEREAS the Defendant consents to this motion; AND UPON READING the motion record of the Representative Plaintiffs, including the Affidavit of Eduardo Tanjuatco, sworn on February 27, 2020; THIS COURT ORDERS that: the Honourable Pamela Kirkpatrick and the Honourable Kathryn Neilson are appointed as additional Assessors to the Settlement, pursuant to Article 6.03 of the Settlement Agreement; and no costs are payable on this motion. Blank “Michael L. Phelan” Blank Judge
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