Two Requests for Directions were brought under the Indian Residential Schools Settlement Agreement (IRSSA).
The claimant, M-23620, sought directions to have her Actual Income Loss (AIL) claim determined by the court after an IAP Adjudicator issued an interim decision awarding compensation for other harms but leaving the AIL claim undecided.
Canada sought a review of the Adjudicator's interim decision and opposed the bifurcated procedure.
The court held that the bifurcated procedure established in the Kelly line of cases applies, allowing the AIL claim to proceed as a regular action in the Superior Court.
The court also held that Canada is entitled to pursue a review of the Adjudicator's decision concurrently with the court action.
