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Canada Case Law

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Class actions 2023 FC 28

Heyder v. Canada (Attorney General)

The Federal Court considered how to administer late claims under a class action settlement and held the Administrator should assess them using an interests of justice test.

  • Late claims
  • Extension of deadlines
  • Court supervision of settlements
  • Delegation to administrator
  • Interests of justice test
  • Confidentiality
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Class actions 2019 BCCA 178

Fontaine v. Canada

Appeal concerning the IRSSA IAP deadline, fresh evidence, and res judicata. The Court dismissed the fresh evidence application and the appeal.

  • Iap application deadline
  • Implementation date interpretation
  • Request for direction (rfd) procedure
  • Cause of action estoppel
  • Issue estoppel
  • Palmer fresh evidence test
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Contract law 2014 BCSC 941

Fontaine v. Canada (Attorney General)

The court held that “institution” in the Indian Residential Schools Settlement Agreement does not include ancillary facilities, so billeted students were not CEP-eligible on that basis.

  • Indian residential schools settlement agreement
  • Common experience payment eligibility
  • Interpretation of 'institution'
  • Extrinsic evidence
  • Class definition
  • Contract-interpretation
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Settlement agreement interpretation 2004 BCSC 317

HCV Settlement Agreement Claim No. 743

The court dismissed an opposition to confirmation of a Referee’s decision, holding the claimant had not proven infection by transfused “blood” under the settlement agreement.

  • Entitlement to compensation
  • Definition of "blood"
  • Primary infection
  • Standard of review for administrative decisions
  • Settlement-agreement-interpretation
  • Administrative-law
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Administrative law 2004 BCSC 247

HCV Settlement Agreement Claim No. 9817

The court dismissed an application to oppose confirmation of a Referee’s decision, holding there was no medical evidence that HCV caused or materially contributed to death.

  • Causation
  • Medical evidence
  • Entitlement to death benefits under settlement
  • Administrative-law
  • Medical-evidence
  • Settlement-agreement-interpretation
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Canada decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.