Canada Judgment

Federal Court

Tiller v. Canada

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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

Plaintiff

Mary-Ellen Copland

Plaintiff

Dayna Roach

Plaintiff

Her Majesty the Queen

Defendant

03

Procedural history

  1. Posture

    Class Proceeding / Settlement Approval Motion

04

Questions and positions

Legal issues

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

  1. 01

    Article 6.03 of the Settlement Agreement

    Courts may appoint assessors as provided for in a settlement agreement to assist in settlement approval.

  2. 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

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Judgment text

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Source document

Federal Court

Judgment· 11 March 2020

2020 FC 347

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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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Federal Courts Rules, SOR/98-106, Rule 369

Legislation

Legislation referenced in the available case record.

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