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The Tribunal approved the revised settlement, finding it fully satisfies prior compensation orders, while clarifying caps, estates, Jordan’s Principle eligibility, and interest.
The Chief Justice's order adding Stirland Lake and Cristal Lake to Schedule F was declaratory and did not create a fixed debt obligation; rule 63.01(1) therefore does not automatically stay the order. A discretionary stay under rule 63.02(1) was refused because, despite a serious issue and potential difficulty recouping CEP payments, the balance of convenience favoured respondents given the significant prejudice a stay would impose on former students of the added schools. The operative date for appeal timeliness was the date of pronouncement (August 16, 2011); service and filing were out of t…
Source excerpt
The court dismissed an application to oppose confirmation of a Referee’s decision under the HCV settlement, holding that Article 3.04(2) could not override a mandatory rejection under Article 3.04(1).
The court dismissed the claimant’s application, confirmed the Referee’s decision, and upheld denial of compensation under the HCV settlement agreement.
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