Canada Judgment

Federal Court

Wenham v. Canada (Attorney General)

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Source document

01

Holding and result

The Court amended the prior order by adding paragraph 4 because the omission was inadvertent, it was always the Court's intention to include the provision, and no party would be prejudiced by the amendment.

Court disposition

Paragraph 4 added to the Order in Wenham v Canada (Attorney General), 2020 FC 589.

Orders

  • Class Counsel shall pay amounts received in respect of a Class Member under the CTSSP within 30 days of receipt minus the amounts then due to Class Counsel under this Order in respect of the Class Member.

02

Material facts

Parties

Bruce Wenham

Applicant

Attorney General of Canada

Respondent

03

Procedural history

  1. Posture

    Class Proceeding / Amending Order (fee Approval)

04

Questions and positions

Legal issues

Party arguments

Applicant
Applicant sought an amendment to the Order in Wenham v Canada (Attorney General), 2020 FC 589 to add paragraph 4 requiring Class Counsel to pay amounts received in respect of a Class Member under the CTSSP within 30 days of receipt minus amounts then due to Class Counsel.
Respondent
Respondent did not oppose the amendment and the Court found that the omission was inadvertent and that no party would be prejudiced by adding the provision.

05

Court’s reasoning

  1. 01

    Federal Court inherent jurisdiction and practice

    Court may amend its orders to correct inadvertent omissions or clerical errors

  2. 02

    Federal Court practice

    Amendments to orders are permissible where they do not prejudice the parties

06

Ratio, limits and disposition

Ratio decidendi

The Court amended the prior order by adding paragraph 4 because the omission was inadvertent, it was always the Court's intention to include the provision, and no party would be prejudiced by the amendment.

Court disposition

Paragraph 4 added to the Order in Wenham v Canada (Attorney General), 2020 FC 589.

  • Class Counsel shall pay amounts received in respect of a Class Member under the CTSSP within 30 days of receipt minus the amounts then due to Class Counsel under this Order in respect of the Class Member.

Source and reliance status

Federal Court · 14 July 2020

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Judgment reading view

Judgment text

The complete available source text.

Source document

Federal Court

Judgment· 14 July 2020

2020 FC 762

Wenham v. Canada (Attorney General) Court (s) Database Federal Court Decisions Date 2020-07-14 Neutral citation 2020 FC 762 File numbers T-1499-16 Decision Content Date: 20200714 Docket: T-1499-16 Citation: 2020 FC 762 Ottawa, Ontario, July 14, 2020 PRESENT: The Honourable Mr. Justice Phelan

CLASS PROCEEDING BETWEEN:

BRUCE WENHAM Applicant and

ATTORNEY GENERAL OF CANADA Respondent

AMENDING ORDER (Fee Approval) WHEREAS paragraph 4 of the Order in Wenham v Canada (Attorney General), 2020 FC 589, was inadvertently omitted in the final version issued; AND WHEREAS it was always the Court’s intention to include this provision; AND WHEREAS no party to the Order is prejudiced by this amendment; THIS COURT ORDERS that paragraph 4 is added to the Order of Wenham v Canada (Attorney General), 2020 FC 589, as follows: 4. Class Counsel shall pay amounts received in respect of a Class Member under the CTSSP within 30 days of receipt minus the amounts then due to Class Counsel under this Order in respect of the Class Member. 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.

Wenham v Canada (Attorney General), 2020 FC 589

Case cited

Wenham v Canada (Attorney General), 2020 FC 762

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