Date: 20190705
Docket: T-1673-17
Citation: 2019 FC 1501
Ottawa, Ontario, July 5, 2019
PRESENT: The Honourable Mr. Justice Phelan
CLASS PROCEEDING
BETWEEN:
CHERYL TILLER, MARY-ELLEN COPLAND AND DAYNA ROACH
Plaintiffs
and
HER MAJESTY THE QUEEN
Defendant
ORDER
WHEREAS this motion was made by the Plaintiffs, on consent, pursuant to the Federal Courts Rules, SOR/98-106;
AND UPON READING the Plaintiffs’ motion record and supplemental motion record and the Defendant’s motion record;
IT IS ORDERED that:
For the purpose of settlement, this action is certified as a class proceeding against the Defendant, Her Majesty the Queen.
The Class is defined as:
Primary Class Members: all current and former living Municipal Employees, Regional District Employees, employees of non-profit organizations, volunteers, Commissionaires, Supernumerary Special Constables, consultants, contractors, public service employees, students, members of integrated policing units and persons from outside agencies and police forces who are female or publicly identify as female and who were supervised or managed by the RCMP or who worked in an RCMP controlled workplace during the Class Period, excluding individuals who are primary class members in Merlo and Davidson v. Her Majesty the Queen, Federal Court Action Number T-1685-16 and class members in Ross, Roy, and Satalic v. Her Majesty the Queen, Federal Court Action Number T-370-17 or Association des membres de la police montée du Québec inc., Gaétan Delisle, Dupuis, Paul, Lachance, Marc v. HMTQ, Quebec Superior Court Number 500-06-000820-163. The Class Period is September 16, 1974 to the date the Court certifies the action as a class proceeding.
Secondary Class Member: any Child or Spouse of a Primary Class Member who has a derivative Claim, in accordance with applicable family law legislation.
The following definitions apply for the purpose of determining who is a Secondary Class Member:
Child: a natural or legally adopted child of the Primary Class Member, or a person for whom the Primary Class Member has custody under a court order or domestic contract, or a person toward whom the Primary Class Member has demonstrated a settled intention to treat as a child of her family, except under an arrangement where the child is placed for valuable consideration in a foster home by a person having lawful custody;
Spouse:
a. Either of two persons who are currently married to each other or who have together, in good faith on the part of a person relying on this clause to assert any right, entered into a marriage that is voidable or void, and are living together; or
b. Either of two persons who are not married to each other and who Cohabit; and
Cohabit: to live together in a conjugal relationship outside marriage for a period of not less than three years, or in a relationship of some permanence, if the cohabiting individuals are the natural or adoptive parents of a child.
Cheryl Tiller, Mary-Ellen Copland and Dayna Roach are appointed as the Representative Plaintiffs for the Class.
The Representative Plaintiffs allege, on behalf of the Class, that the Defendant was negligent and in breach of the Canadian Charter of Rights and Freedoms, the Charter of Human Rights and Freedoms and the Civil Code of Quebec in failing to ensure that Primary Class Members could work in an environment free of gender and sexual orientation based harassment and discrimination.
The Class claims the following relief:
general damages;
special damages;
exemplary and punitive damages;
damages pursuant to the Canadian Charter of Rights and Freedoms, Part I of the Constitution Act, 1982, being Schedule B to the Canada Act 1982 (UK), 1982, c 11;
punitive damages pursuant to the Charter of Human Rights and Freedoms, CQLR c C12 and the Civil Code of Quebec, CQLR c C-1991;
damages equal to the costs of administering the plan of distribution;
damages pursuant to the Family Law Act, RSO 1990 c F-3 and comparable legislation in other provinces and territories;
pre-judgment and post-judgment interest; and
costs.
Assessor for the purposes of paragraph 16 means the retired jurist or jurists agreed upon by the parties to assess claims to the settlement; and
Administrator for the purposes of paragraph 16 means the company chosen by the parties to administer the settlement.
The following issue is certified as a common question of law or fact: Is the Defendant liable to the class?
Klein Lawyers LLP and Higgerty Law are appointed as Class Counsel.
KCC LLC and RicePoint Administration are appointed as the Notice provider.
The long form Notice of Certification and Settlement Approval Hearing is approved substantially in the same form and content as attached as Schedule A. It will be available in both English and French.
The publication Notice of Certification and Settlement Approval Hearing is approved substantially in the same form and content as attached as Schedule B. It will be available in both English and French.
KCC LLC and RicePoint Administration will distribute the Notice of Certification and Settlement Approval Hearing substantially in the manner set out in the Notice Plan attached at Schedule C.
The Defendant will pay KCC LLC and RicePoint Administration the cost of distributing the Notice of Certification and Settlement Approval Hearing in accordance with the Notice Plan, up to a maximum of $250,000.
The Opt Out Form is approved substantially in the same form and content as attached at Schedule D. The Opt Out Form will be available in English and French.
Class Members may opt out of the class proceeding by delivering a complete, signed Opt Out Form to Klein Lawyers at the addresses stated in the Opt Out form by no later than 70 days following this Court’s approval of the Notice Plan.
For the purpose of facilitating notice and to assist in Class Member verification, Canada is required to prepare and provide to KCC LLC and RicePoint Administration, the Assessor and the Administrator a list of potential Primary Class Members who have ever had a Human Resources Management Information System ID with the RCMP and, for Primary Class members for whom current RCMP email address information is available, their email addresses.
For reasons of privacy and efficiency, the addresses for the representative plaintiffs need only refer to the address of Class Counsel.
No costs are payable on this motion for certification in accordance with Rule 334.39 of the Federal Courts Rules.
“Michael L. Phelan”
Judge
SCHEDULE C