Federal Court Decisions

Date: 20200323

Dockets: T-2111-16

T-460-17

Citation: 2020 FC 406

Ottawa, Ontario, March 23, 2020

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

(Extension of Time Frames)

UPON the motion made by the Defendants in writing for an Order extending the time frames specified in the Final Settlement Agreement [FSA] and Second Supplementary Agreement [SSA];

AND UPON reading the Defendants’ motion record;

AND UPON being informed of the Plaintiffs’ consent to the form of this Order;

AND UPON being satisfied that, due to the ongoing COVID-19 pandemic, it is in the interests of justice to extend the time frames in the manner proposed by the parties;

THIS COURT ORDERS that:

1. The commencement of the Claims Period is extended by 60 days by amending the definition of “Claims Period” in Section 1.01 of the FSA to read as follows:

“Claims Period” means the eighteen (18) month period commencing ninety (90) days from the Implementation date to the Individual Application Deadline;

2. The conclusion of the Claims Period is extended by 60 days by amending the definition of “Individual Application Deadline” in Section 1.01 of the FSA to read as follows:

“Individual Application Deadline” means ninety (90) days following the eighteen (18) month anniversary of the Implementation Date;

3. The time frame for the Lead Assessor and Associate Lead Assessor to establish and administer a process to identify individuals to be considered for appointment as Assessors is extended by 60 days by amending the first paragraph of Section 4.02 of the SSA to read as follows:

Within 150 days of the Court’s approval of this SSA, in consultation with the Parties, the Lead Assessor, with the assistance of the Associate Lead Assessor, will establish and administer a process to identify individuals to be considered for appointment of Assessors.

4. Section 19.04 of the FSA is amended to read as follows:

Except as expressly provided in this FSA, no amendment or supplement may be made to the provisions of this FSA and no restatement of this FSA may be made unless agreed to by the parties in writing and, except with respect to time frames, any such amendment, supplement or restatement is approved by the Court without any material difference.

 “Simon Fothergill”