Federal Court Decisions

Date: 20190718

Dockets: T-2111-16

T-460-17

Citation: 2019 FC 956

Ottawa, Ontario, July 18, 2019

PRESENT:  The Honourable Mr. Justice Fothergill

Docket: T-2111-16

BETWEEN:

SHERRY HEYDER

AMY GRAHAM

NADINE SCHULTZ-NIELSEN

Plaintiffs

and

THE ATTORNEY GENERAL OF CANADA

Defendant

Docket: T-460-17

AND BETWEEN:

LARRY BEATTIE

Plaintiff

and

THE ATTORNEY GENERAL OF CANADA

Defendant

ORDER

(Notice of Settlement Approval Hearing)

UPON the motion of the Plaintiffs pursuant to Rules 334.34, 334.35, 334.36 and 334.37 of the Federal Courts Rules, SOR/98-106, for an order approving the form and content of the notice to be given of the hearing to approve the proposed settlement between the Plaintiffs and the Defendant, the participation form, the plan of disseminating the notice, and to appoint the Notice Provider and the Interim Administrator;

AND UPON READING the parties’ motion records;

AND UPON HEARING the parties’ oral submissions;

AND CONSIDERING the consent of the Defendant to the relief sought;

THIS COURT ORDERS that:

1. Notice of the settlement approval hearing substantially in the forms attached as Schedule “A” in English and Schedule “B” in French (the “Notice”) is approved, subject to the right of the parties to make non-material amendments as may be necessary or desirable.

2. KCC/Ricepoint is appointed as the Notice Provider for Phase I Notice and shall disseminate the Notice in the manner set out in the External Notice Plan attached as Schedule “C” (the “External Notice Plan”).

3. The Defendant shall disseminate the Notice in the manner set out in the CAF/DND Notice Plan attached as Schedule “D” (the “CAF/DND Notice Plan”).

4. Together, the CAF/DND Notice Plan and the External Notice Plan constitute good and sufficient service upon class members and all affected parties of notice of the hearing to approve the proposed settlement.

5. Any persons wishing to submit a participation form (the “Participation Form”) shall deliver a Participation Form in the form attached hereto as Schedule “E”, postmarked or sent by e-mail no later than August 30, 2019, to the contact information indicated on the Participation Form.

6. Any objections received after the Participation Deadline shall not be considered at the hearing to approve the proposed settlement without leave of the Court.

7. Deloitte LLP is appointed as the Interim Administrator to perform pre-claims administration duties, which shall include establishing and maintaining a website and call centre. Deloitte LLP shall also be responsible for the receipt of class members’ participation forms and shall manage the participation of class members at the settlement approval hearing in accordance with the Pre-Claims Administration Plan attached as Schedule “F”.

8. The cost of the External Notice Plan shall be paid by the Defendant up to a maximum of $200,000.00, inclusive of taxes, as set out in Schedule “C”. The Defendant shall also bear the cost of the CAF/DND Notice Plan.

9. The cost of the Pre-Claims Administration Plan shall be paid by the Defendant up to a maximum of $75,000.00, inclusive of taxes, as set out in Schedule “F”.

“Simon Fothergill”