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The court approved recommended amendments to a class action settlement and adopted Justice Perell’s parallel Ontario reasoning, finding the changes reasonable and worthwhile.
The Court of Appeal held the supervising judge's first order did not mandate the s.43 Deficiency Process; the supervising judge acted within his s.12 authority to direct the Claims Administrator to reconsider claims using the documents before the court; CAC's challenge was a collateral attack on the earlier unappealed order and the reconsideration process was not unfair or beyond the judge's jurisdiction, so the appeal was dismissed.
Source excerpt
The court approved a third PELD distribution, counsel and trustee expenses, waived a future audit, set termination steps for the settlement, and granted relief for a class member’s forfeiture.
The Federal Court granted Canada’s unopposed motion to fund a supplementary notice program for class members, increasing notice funding by up to $100,000 inclusive of tax.
The Federal Court amended a prior settlement order to appoint Donna Cona Inc. for specified administrator duties and authorized limited personal information sharing for settlement administration.
The Federal Court approved a Payment Protocol for Sixties Scoop settlement claims, allowing payments in trust to individual counsel and setting fee-motion and reporting deadlines.
The Federal Court approved $1,150,779.12 in post-implementation class counsel fees, disbursements and HST, and authorized withdrawal from trust.
Order adopting a payment protocol for the Indian Day Schools Settlement and directing the Claims Administrator to pay amounts in trust to individual counsel, with no costs.
The Federal Court approved a Payment Protocol for Indian Day School settlement claims, allowing payments to Individual Counsel in trust subject to prior court approval of fees.
Consent order in the Sixties Scoop class action approving an interim settlement distribution, with funds paid into trust and conditional payments to eligible class members.
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