Canada Judgment

Federal Court

Tiller v. Canada

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Source document

01

Holding and result

The Court held that because implementation of the Settlement had commenced before the commencement of the Time Limits and Other Periods Act (COVID-19), and there were no appeals or likely appeals, the Implementation Date remains July 16, 2020; the clarification was within the Court's discretion and in the best interests of the class.

Court disposition

Motion granted on consent; Implementation Date of the Settlement remains July 16, 2020 and is not impacted by the Time Limits and Other Periods Act (COVID-19).

Orders

  • The Implementation Date of the Settlement of this class action remains July 16, 2020 and has not been impacted by the Time Limits and Other Periods Act (COVID-19), SC 2020, c 11.

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 / Implementation of Settlement (clarification Motion)

04

Questions and positions

Legal issues

Party arguments

Applicant
Representative Plaintiffs sought a written, on-consent clarification that the Implementation Date is July 16, 2020 and that it was not affected by the Time Limits and Other Periods Act (COVID-19) because implementation had commenced prior to the Act and delays had already been addressed by extensions.
Respondent
The defendant did not oppose the motion; the Court noted there were no appeals or likely appeals and the motion was brought on consent and in the best interests of the class.

05

Court’s reasoning

  1. 01

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

    Court may grant clarifying orders on consent under the Federal Courts Rules

  2. 02

    Time Limits and Other Periods Act (COVID-19), SC 2020, c. 11

    Statutory suspension of time periods under the Time Limits and Other Periods Act (COVID-19) does not alter acts already commenced

  3. 03

    Class proceedings doctrine / court discretion

    Court must act in the best interests of the class when supervising class proceedings and implementation of settlements

06

Ratio, limits and disposition

Ratio decidendi

The Court held that because implementation of the Settlement had commenced before the commencement of the Time Limits and Other Periods Act (COVID-19), and there were no appeals or likely appeals, the Implementation Date remains July 16, 2020; the clarification was within the Court's discretion and in the best interests of the class.

Obiter and limits

  • Motion brought on consent and in writing under Rule 369 is an appropriate mechanism for clarifying settlement implementation dates
  • Extensions due to pandemic-related court operations do not, by themselves, alter an agreed Implementation Date when implementation commenced prior to statutory suspension

Court disposition

Motion granted on consent; Implementation Date of the Settlement remains July 16, 2020 and is not impacted by the Time Limits and Other Periods Act (COVID-19).

  • The Implementation Date of the Settlement of this class action remains July 16, 2020 and has not been impacted by the Time Limits and Other Periods Act (COVID-19), SC 2020, c 11.

Source and reliance status

Federal Court · 5 August 2020

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Judgment reading view

Judgment text

The complete available source text.

Source document

Federal Court

Judgment· 5 August 2020

2020 FC 845

Tiller v. Canada Court (s) Database Federal Court Decisions Date 2020-08-05 Neutral citation 2020 FC 845 File numbers T-1673-17 Decision Content Date: 20200805 Docket: T-1673-17 Citation: 2020 FC 845 Ottawa, Ontario, August 5, 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

ORDER WHEREAS this motion was made by the Representative Plaintiffs, on consent and in writing, pursuant to Rule 369 of the Federal Courts Rules, SOR/98-106, for clarification of the “Implementation Date” under the Settlement Agreement approved by this Court; AND UPON READING the motion record of the Representative Plaintiffs; AND UPON the Implementation Date having been set, after extensions due to pandemic circumstances affecting Court operations, as July 16, 2020; AND UPON the implementation of the Settlement having been commenced before the Time Limits and Other Periods Act (COVID-19), SC 2020, c. 11 [Covid Act]; AND HAVING CONSIDERED that no appeals or leaves to appeal have been filed or are likely to be filed; AND HAVING CONSIDERED that the motion is in the best interests of the Class and is within the Court’s discretion to grant; THIS COURT ORDERS that the Implementation Date of the Settlement of this class action remains July 16, 2020, and has not been impacted by the Time Limits and Other Periods Act (COVID-19), SC 2020, c 11. 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.

Time Limits and Other Periods Act (COVID-19), SC 2020, c. 11

Legislation

Legislation referenced in the available case record.

Federal Courts Rules, SOR/98-106

Legislation

Legislation referenced in the available case record.

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