Canada Case Law

Estey v. Attorney General (Nova Scotia)

Court

Supreme Court of Nova Scotia

The court approved the Settlement because, on balance, it fell within the zone of reasonableness: it is a substantial monetary recovery ($32–$34 million), negotiated at arm's length by experienced counsel with a strong factual basis and disclosure, it mitigates trial risks (including s.15/s.1 justificatory defences and lengthy individualized assessments), provides a low-barrier, accessible and confidential claims process tailored to vulnerable claimants, produced no objections after broad notice, and includes appropriate arrangements for fees, honorarium, claims administration and the approve…

Source excerpt

• S.15(1) charter discrimination
• Settlement approval
• Claims administration
• Contingency fees
• Litigation funding
• Social assistance eligibility

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Hardy v. Canada (Attorney General)

Court

Federal Court

The Federal Court approved $40 million in class counsel fees, plus taxes and disbursements, and approved honoraria for representative and named plaintiffs.

• Class counsel fees
• Honoraria
• Settlement implementation
• Claims administration
• Class-counsel-fees
• Settlement-approval

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Hardy v. Canada (Attorney General)

Court

Federal Court

The Federal Court approved a class action settlement for abuse claims arising from Indian Hospitals, finding it fair, reasonable, and in the class’s best interests.

• Settlement approval
• Compensation scheme
• Institutional abuse
• Indian hospitals
• Releases and opt-outs
• Claims administration

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A.B v. Canada

Court

Federal Court

The Federal Court certified this class proceeding and approved a settlement for CAF members alleging racial discrimination or harassment, appointing Deloitte LLP as claims administrator.

• Racial discrimination
• Racial harassment
• Settlement approval
• Certification
• Claims administration
• Legal fees

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Mancinelli v. Bank of America Corporation

Court

Federal Court

The Federal Court approved settlements in a proposed SSA bond class action, along with notice and administration protocols and Class Counsel fees and disbursements.

• Price‑fixing
• Settlement approval
• Certification
• Releases
• Claims administration
• Class counsel fees

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Heyder v. Canada (Attorney General)

Court

Federal Court

The Federal Court dismissed a late opt-out motion in the Heyder class action, finding no authority to extend the Final Settlement Agreement deadline and no basis for relief.

• Opt-out
• Settlement agreement
• Claims administration
• Jurisdiction to modify settlements
• Excusable neglect
• Notice adequacy

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Percival v. Canada

Court

Federal Court

The Federal Court approved a class settlement for Indian Boarding Home Program survivors, finding the agreement fair, reasonable, and in the class’s best interests.

• Settlement approval
• Compensation scheme
• Claims administration
• Deeming provision
• Notice and outreach
• Counsel fees

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Waldron v. Canada (Attorney General)

Court

Federal Court of Appeal

Although the supervising judge erred by relying on subjective intentions and post‑contract conduct without satisfying prerequisites, a fresh objective interpretation of the IDSSA shows it does not permit progressive disclosure or amendment of claims; the supervising judge therefore had no jurisdiction to grant the individual relief sought and a non‑representative class member lacked authority to obtain class‑wide relief; appeal dismissed.

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• Settlement interpretation
• Claims administration
• Progressive disclosure
• Supervising judge jurisdiction
• Standards of review
• Procedural fairness

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Fanshawe College of Applied Arts and Technology v. Hitachi, Ltd.

Court

Court of Appeal for Ontario

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

• Claims administration
• Distribution protocol
• Deficiency notices (s.43)
• Reconsideration of claims
• Supervising judge authority under s.12

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Tk'emlúps te Secwépemc First Nation v. Canada

Court

Federal Court

The Federal Court approved a partial settlement for Survivor and Descendant Day Scholar class members, finding it fair and reasonable and appointing Deloitte as claims administrator.

• Residential schools
• Day scholars
• Loss of language and culture
• Settlement approval
• Releases
• Compensation

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