Ainslie Harvey

On a motion for approval of a Fee Agreement in a class proceeding regarding residential schools, the Court considered whether the $20,000,000 all-inclusive sum agreed to by Canada for legal fees, disbursements, and honoraria payments was fair and reasonable.

The Court found the fees represented less than 1% of the $2.8 billion settlement fund, and that class counsel had assumed significant risk on a novel claim, logging thousands of hours.

Honoraria of $15,000 for each of the two individual representative plaintiffs were also found to be justified due to their extraordinary efforts over 11 years.

The Fee Agreement and honoraria were approved.

The plaintiffs sought approval of a settlement agreement reached in a long-standing class proceeding regarding the loss of language and culture caused to Indian Bands by the Residential Schools system.

The settlement provided for a $2.8 billion fund to be managed by a not-for-profit indigenous entity.

The only objection raised related to the broad scope of the release language and its potential impact on future claims concerning unmarked graves.

The Federal Court held that the release language was carefully considered and confined to the matters raised in the class proceeding.

The Court found the settlement fair, reasonable, and in the best interests of the Band Class members, and therefore approved it.

The plaintiffs brought a motion for approval of a partial settlement of a class action brought on behalf of Day Scholars who attended Residential Schools across Canada but were excluded from previous settlements.

The settlement provides $10,000 to each eligible Survivor Class member for loss of culture and language, and establishes a $50,000,000 Day Scholars Revitalization Fund.

The Federal Court assessed the risks of continuing complex litigation over historical wrongs against the benefits of the settlement.

Recognizing the advanced age of class members and the user-friendly, trauma-informed claims process, the Court found the settlement fair, reasonable, and in the best interests of the class as a whole, and approved it.